These terms and conditions ("Agreement") are a legal agreement between you and Filipino Entertainment TV ( FETV ) governing your use of FETV's service, content storage and sharing software for personal computers and mobile phones, and the World Wide Web (collectively, Software) and related FETV services (Services). Read these terms and conditions carefully before using the Services. By agreeing to "Sign Up" or by downloading, installing, or using the Software or Services, you are confirming your agreement to become bound by this Agreement. If there are inconsistencies between this Agreement and information included in off-line materials (such as promotional materials or other software), these terms always control.
You agree that any use of the Software and Services will be entirely at your own risk and at the risk to any content you store on the Services. The Software, Services, and support from FETV (if any) are provided "as is" and without any warranties, expressed or implied.
FETV reserves the right to update the Agreement at any time by providing notice on its website. You should check periodically to be sure you are familiar with the current Agreement.
Description of Services
The Services allow you to store, play, and share your personal multimedia files (Content). The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Other users of the service may use it to send comments, invitations, or other kinds of messages in email to you.
Subject to the terms and conditions of this Agreement, FETV grants you a non-exclusive, non-sublicenseable license to install and use the personal computer client application of the Software on a personal computer. You may not alter, merge, modify, adapt, or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not sell, rent, lease, or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. If you are using the Software in the United States, you may not export the Software or the computer that it is installed on into any country prohibited by the United States Export Administration Act.
You must not use the Software and you are not licensed to use the Software under any circumstances for competitive evaluation, including developing competing software or services.
In the event that you fail to comply with this Agreement, the license granted to you in this Agreement will automatically terminate, at which time you must immediately uninstall the Software and destroy all copies of the Software.
The Software is licensed and not sold to you by FETV. FETV and its licensors retain all right, title, and interest, including all copyright and intellectual property rights, in and to the Software and all copies thereof. All rights not specifically granted to you in this Agreement are reserved by FETV and its licensors.
Privacy of Personal Information
FETV policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any FETV products and services that collect personally identifiable information. You may not register or use the Services if you are under 13 years old. By accepting this Agreement you represent to FETV that you are at least 13 years old.
Member Account, Password, and Security
If the Services require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will notify FETV immediately of any unauthorized use of your account or any other breach of security. FETV will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may create only one free account. Your account is for your use and you may not share your password or publicize your password. You may not use anyone else's account at any time without the permission of the account holder. FETV reserves the right, at its sole discretion, to change or remove any user accounts for any reason, including but not limited to, the selection of a user name that includes profanity or is in violation of trademarks.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair any FETV server, or the networks connected to any FETV server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any FETV server or to any of the Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information related to FETV, the Software, any third partys content, or any accounts or passwords through any means not intentionally made available through the Services.
Use of Services
The Services may contain forums, chat areas, communities, file sharing, and other message or communication facilities designed to enable you to communicate with others and share your Content. You agree to use the Services only to post, send, and receive Content that is proper and that you personally own. By way of example, and not as a limitation, you will not:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
Upload, or otherwise make available, files that contain images, photographs, video, music or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images, photographs, video, music or other material that is made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or the property of another, or that may damage the operation of FETV software or services.
Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Services.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
You may post images hosted on the Service on other websites. However, pages on other websites which display images hosted on the Service must provide a link back to a page on the Service that displays the image.
FETV has no obligation to monitor the Services. However,FETV reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.FETV reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. FETV reserves the right at all times to disclose any information as FETV deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in FETV's sole discretion. Always use caution when giving out any personal information. FETV does not control or endorse the content, messages, or information found in any Services and, therefore, FETV specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services. Materials uploaded to the Services may be subject to posted limitations on usage, reproduction, or dissemination; you are responsible for adhering to such limitations if you download the materials. If you violate these rules or this Agreement, FETV may permanently terminate your access to the Services.
Materials Provided to / Posted to FETV
FETV does not claim ownership of the content or any other materials that you provide to FETV (including feedback and suggestions) or that you post, upload, input, share, or submit to FETV through the Services ("Submissions"). However, by posting, uploading, sharing, inputting, providing, or submitting ("Posting") your Submission, you are granting FETV, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. FETV is under no obligation to post or use any Submission you may provide and FETV may remove any Submission at any time in its sole discretion. By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for you to Post the Submissions and for FETV to use the Submissions as set forth above.
THE SOFTWARE AND SERVICES ARE PROVIDED ON AN AS-IS BASIS AND FETV AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE AND SERVICES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, AND ACCURACY. FETV DOES NOT WARRANT THAT THE SOFTWARE AND SERVICES ARE ERROR-FREE OR THAT THE SOFTWARE AND SERVICES WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FETV, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION.
Limitation of Liability
NEITHER FETV NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO ACCESS YOUR CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND SERVICES OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF FETV OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The warranty disclaimer, exclusive remedies, and limited liability set forth above are fundamental elements of the basis of the agreement between FETV and you. FETV would not be able to provide the Software to you on an economic basis without these limitations and they are an essential basis of the bargain in this Agreement.
FETV, in its sole discretion, may terminate your membership and remove and discard any of your Content within the Services without notice, for any reason, including, without limitation, if FETV believes that you have violated or acted inconsistently with the Agreement. FETV will not be liable to you for termination of your membership to the Services.
If you provide any feedback or suggestions to FETV, a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into FETV products.
This Agreement contains the complete agreement between you and FETV with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. Any varying or additional terms contained in any purchase order or other written notification or document will be of no effect. The failure or delay of FETV to exercise any of its rights under this Agreement or upon any breach of this Agreement will not be deemed a waiver of those rights or of the breach. No FETV dealer, agent, distributor of the Software, or employee is authorized to make any amendment to this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
FETV and other trademarks contained in the Software and Services are trademarks or registered trademarks of FETV. Any third party trademarks, trade names, product names, and logos contained in the Software are the trademarks of their respective owners. You may not remove or alter any trademarks, trade names, product names, logos, copyrights or other proprietary notices, legends, symbols or labels in the Software and Services. This Agreement does not authorize you to use FETV's or its licensors' names or respective trademarks.