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This AGREEMENT is between YOU and Mobilecash, Inc. , (“MOBILECASH”) a corporation duly organized and existing in the Republic of the Philippines.
1. TERMS AND CONDITIONS OF USE
1.1 The Site and its contents are the property of MOBILECASH Inc. (“MOBILECASH”) and/or its licensors. The access and use of the site or service, and the access, purchase, acquisition, use, and/or storage of any product from the Site constitutes acceptance of these terms and conditions. Said acceptance shall be binding for as long as you continue using and storing the product or service. Your enjoyment of MOBILECASH products and services is expressly conditioned on your compliance with and acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions your only remedy is to cease accessing or using the Services.
1.2. ADDITIONAL TERMS
Your use of the products offered on the site is governed by the rules of usage outlined below. In addition, you agree to be bound by the copyright laws of your country and the Republic of the Philippines, and the rights of the producers, composers, publishers and artists under copyright laws and international treaties.
2 THE SERVICES
2.1 Services. The Services provide digital media download, streaming and storage services designed to enable you to purchase, store and play legally acquired digital media. The services are for your own personal and non-commercial use and you are not authorised to make copies of any downloads or streams other than for personal use, or to otherwise distribute copyright protected digital media. MOBILECASH may at any time limit the number of devices that you may access the Services from simultaneously. You assume all risk arising from your use of the Services. MOBILECASH may discontinue any aspect of the Services in its sole discretion without notice to you.
2.2 Personal Use Only. The Services are for personal use by individual end users only and may not be accessed, used, re-sold, or licensed for commercial gain. The term “commercial gain” shall include receiving commissions from entities offering advertising services (e.g., Google ads, and similar services), and soliciting donations or other remuneration online or through other means.)
2.3 Links. The Services may contain links to third party websites or services. You acknowledge and agree that MOBILECASH is not responsible or liable for: (i) the availability or accuracy of such websites or services; or (ii) the content, products, or services on or available from such websites or services. Links to such websites or services do not imply any endorsement by MOBILECASH of such websites or services or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.
3 OBJECTIONABLE MATERIAL
3.1 Objectionable Material. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and MOBILECASH will not be liable to you for content that may be found to be offensive, indecent, or objectionable. MOBILECASH does not guarantee the accuracy of any descriptions provided on its Services.
4 CHILD SUPERVISION
4.1 Accessing the Services. MOBILECASH is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Services should supervise such access and use. It is your responsibility to determine which if any portions of the Services are suitable for your child to access.
5 AGE RESTRICTION TO REGISTER FOR SERVICES
5.1 Registering for the Services. You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.
5.2 Minimum Age. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these terms and conditions (ii) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.
5.3 Full Access. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Services, including all financial charges and legal liability that incurred. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the Service.
6.1 MOBILECASH recognizes that your privacy is very important and that it is your right to control your personal information. MOBILECASH understands that providing personal information is an act of trust and we take that trust seriously.
6.2 Personal Information. If you register for any of the Services you will be asked to provide basic personal information. The information is used for notifying you of changes, updates to the services, announcements and/or advertisements from our partners and advertisers. MOBILECASH will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.
6.3 Communications from Us and Mailing Lists. To keep you informed about the operation of the Services, MOBILECASH may send service announcements to the email address you provided during registration. MOBILECASH may also allow you to choose whether to receive mailings from record labels and/or other promotional partners that may be of interest to you. Such lists are strictly optional and may be unsubscribed from at any time.
6.4 Competitions. MOBILECASH may hold competitions in connection with the Services, or in partnership with a third party, and providing contact information may be a condition of participation. MOBILECASH will use the information provided to conduct the competition and for any other purposes to which you have consented. If MOBILECASH offers competitions with third parties, it will notify you that your information is being shared with such partner at the point of collection of such information and you will be able to choose whether to participate in the applicable competition.
6.5 Payment Information. If you pay MOBILECASH for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by MOBILECASH other than to facilitate the provision of the Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.
6.6 Use of Vouchers/ Coupons/Gift checks. Vouchers/Coupons. & Gift checks for Services may be provided by MOBILECASH, its partners or sponsors. If you redeem a voucher to pay for Services, you may be required to provide additional personal information which may be shared with a third party. If that is the case, then MOBILECASH will notify you that your personal information will be shared with such partner at the point of collection of such information and you will be able to choose whether to use the voucher.
6.7Cookies and Third Party Advertising. MOBILECASH uses a technology called “cookies” as part of our normal business procedure to enhance the user experience and to track patterns of behaviour of visitors to the Services. A cookie is an element of data that a website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings. MOBILECASH uses third-party advertising companies to serve ads when you visit our Services. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
6.9 Aggregated Information. To monitor and improve the performance of our technology, MOBILECASH captures other data such as search criteria, results, downloads and purchases. MOBILECASH only shares this data on an aggregate basis for instance to chart reporting companies for compilation of sales charts. MOBILECASH also gathers information such as date, time, connection speed and IP address of all service users. This information is kept for our internal security audit log, aggregate trend analysis and system administration. MOBILECASH sometimes uses third party service providers to help track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analysed on an aggregated basis solely for the purpose of internal analysis by MOBILECASH to improve the Service.
6.10 Security. MOBILECASH has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorized access or improper use. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
7. MOBILECASH USER ACCOUNT, PASSWORD AND SECURITY
7.1 MOBILECASH.1 Password Security. If a particular Service requires you to open an account you will complete a registration process by providing certain information and registering a username and password (“Credentials”) for use with that Service. You are responsible for maintaining the confidentiality of your Credentials. You are not authorised to share your Credentials with any other person. You may have a credit card or other payment method stored with MOBILECASH and if your Credentials are used by a third party (whether or not authorised) the third party will be able to make purchases with that payment method. You will be fully liable for any actions made with your Credentials. MOBILECASH advises you to change your password frequently and to always keep it secure.
7.2 MOBILECASH.2 Unauthorized Access. You agree to immediately notify us of any unauthorised use of your Credentials or any other breach of security. In no event will MOBILECASH be liable for any indirect or consequential loss or damage resulting from the disclosure of your Credentials. If you believe someone has accessed any Service using your Credentials without your authorisation, it is your responsibility to set up a new password or contact MOBILECASH’s customer services department to delete your account.
8. USAGE RULES
8.1 Use of Content. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. MOBILECASH will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
8.2 Digital Rights Management. Most content sold on MOBILECASH is DRM-free. However, you understand that some of the Content includes a security framework using technology that protects digital information and limits your usage of the Content to certain usage rules established by MOBILECASH and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
8.3 Previews. A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
8.4 Content Usage Rules.
(i) You are authorised to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
(ii) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to
administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content.
(iii) The delivery of Content does not transfer to you ownership of the song, musical composition, or the copyrights thereto, or any commercial or promotional use rights in same.
(iv) You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content.
(v) The Usage Rules shall govern your rights with respect to the Content. MOBILECASH reserves the right to modify the Usage Rules at any time.
8.6 Use of the Services.You agree not to:
(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses, log-in details or other credentials;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) use any credit card/s or other means of payment that are not under your name, nor use fraudulent or fictitious credit information for the purpose of accessing and/or downloading products from this Site.
(xi) violate any applicable laws or regulations;
(xii) use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services;
(xiii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiv) attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.
8.7.MOBILECASH Monitoring.We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
9.1 Termination. MOBILECASH has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. You agree that MOBILECASH shall not be liable to you or any third party for any termination of your access to the Services.
10.1 Equipment. Without limiting any provision herein, MOBILECASH makes no warranty that any particular computer, portable device, or other hardware will be compatible with MOBILECASH’s Services. It is your sole responsibility to ensure that your playback system(s) will function correctly with the application.
11 REFUND POLICY
11.1 All Sales are Final. All sales are final and all charges from those sales are non-refundable. Due to the nature of the Services you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. In exceptional circumstances, refunds are given at the discretion of the management.
12.ACCOUNTS, PASSWORD, and SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up an MOBILECASH ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MOBILECASH immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MOBILECASH or any other user of or visitor to the Site due to someone else using your MOBILECASH ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s MOBILECASH ID, password or account at any time without the express permission and consent of the holder of that MOBILECASH ID, password or account. MOBILECASH cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
13. INTERNATIONAL USE
13.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of the Philippines or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
13.2 Content may be restricted by territory. Where required, to conclude the purchase of any such restricted products, you will be required to provide a billing address in the relevant territory. You agree not circumvent any territorial restrictions in place on the Services or provide false billing information.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Intellectual Property. The Services and its content (including without limitation the designs, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MOBILECASH, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
14.3 You may use information on MOBILECASH products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by MOBILECASH for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
14.4Posted Material. MOBILECASH does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting MOBILECASH a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
14.5 Ownership. You acknowledge that the content displayed or made available on the Site is exclusively owned and/or controlled by MOBILECASH or MOBILECASH’s Licensor, and agree that you shall not assert any right that is in conflict with the rights of MOBILECASH and its Licensors.
15.1 You agree to indemnify and hold MOBILECASH harmless from and against any breach by you of these terms and conditions and any claim or demand brought against MOBILECASH by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by MOBILECASH in consequence of your breach of these terms and conditions.
16. DISCLAIMERS AND LIMITATION OF LIABILITY
16.1 MOBILECASH DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MOBILECASH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOBILECASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBILECASH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MOBILECASH SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOBILECASH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
16.2 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
16.3 MOBILECASH reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
16.4 Except where prohibited by law, in no event will MOBILECASH be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MOBILECASH has been advised of the possibility of such damages.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Philippines without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by the courts of the Philippines and venue in Quezon City, and waive any objection to such jurisdiction or venue.
17.3 No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
17.4 In the event of any controversy or dispute between MOBILECASH and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Updated on September 5, 2013. Subject to amendment without prior notice.