Terms of Use

Terms of Use

Maxime brand under Pilmico Foods Corporation Description of Services and Acceptance of Terms of Use

Updated March 20, 2019

1. Description of Pilmico Foods Corporation Services and Acceptance of Terms of Use

Pilmico Foods Corporation (“Pilmico,” or “we” or “us”) an Aboitiz company, has developed this Terms of Use Agreement (“Agreement”) to describe the terms that govern your access and use of the Services (defined below). This Agreement applies to the Pilmico websites (“NG Sites”), mobile sites, applications (“apps”), Pilmico Products (as defined below) and other content and services that are linked to this Agreement (collectively, the “Services”). Pilmico Foods Corporation is based in the Philippines.

Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, including any future modifications (collectively, “Additional Terms”) in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific Service.

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND PILMICO FOODS CORPORATION UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND PILMICO FOODS CORPORATION WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THE PILMICO SITES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.

Pilmico Foods Corporation furnishes the Services (as defined below) for your personal enjoyment and entertainment. By using any Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the Services and must discontinue use of the Services immediately. Pilmico Foods Corporation may modify this Agreement at any time, and each such modification will be effective upon posting on or to the Service. All material modifications will apply prospectively only. Your continued use of the Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. Pilmico may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help Pilmico manage and provide the Services.

2. Pilmico Account Registration and Security

Some Services require you to create an account (including setting up a Pilmico credential and password) to participate in or to secure additional Services, such as viewing and commenting on Pilmico Content (defined below), purchasing Pilmico Products, creating an Pilmico Site profile and signing up for specific Pilmico newsletters. To create an account and interact with participating Services click on the Sign In/Join link on the Service webpage and create a profile.

All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you by visiting our customer portal. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Pilmico reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information. You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by Pilmico (defined below) or any other Pilmico user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify Pilmico from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify Pilmico immediately if you suspect any unauthorized use of, or access to, your account or password. Pilmico shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. If Pilmico makes available a manner by which you are able to upload a picture to your profile, Pilmico shall also retain the right, but no obligation, to review any profile pictures provided by you.

3. Access

The Services are intended solely for your personal and non-commercial use. Pilmico may change, suspend or discontinue the part or all of the Services (or any feature thereof) at any time. Pilmico may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time to time part or all of the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Pilmico may undertake from time to time; or (iii) causes beyond the control of Pilmico or which are not reasonably foreseeable by Pilmico.

4. Termination

Unless terminated by Pilmico in its sole discretion, this Agreement remains in full force and effect while you use the Services. You may terminate your account at any time, for any reason, in the following ways: (i) send a letter to Pilmico Attn: Business and Legal Affairs – Privacy, NAC Tower 32nd Street Bonifacio Global City, Taguig City 1643 Metro Manila, Philippines, or (ii) visit our Support Center here. Please send us an email with your request to delete your account. Pilmico may terminate your account, any subscription and/or access to all (or any portion of) the Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the Services is terminated by you or Pilmico, this Agreement will remain in full force and effect with respect to your past and future use of the Services. If we terminate your user account, subscription and/or access to the Services (or any portion of the Services) you may not create a new account, purchase a new subscription or try to access the Pilmico Services without Pilmico’ prior written approval. You agree that your account is non-transferable. Any rights to your account and/or Services terminate upon your death.

5. Limited Content License

The Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Pilmico, Pilmico Foods Corporation, Pilmico Animal Nutrition Corporation, Gold Coin Group (“Pilmico Content”), as well as materials and Content provided by users (“User Content”) or other third-parties. Pilmico Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Pilmico Partners, its licensors, or its assignors, own and retain all rights in the Pilmico Content and Services. Pilmico Partners hereby grants you a limited, revocable, non sublicensable, non transferable license, to access and display or perform the Pilmico Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Services. The Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the Services.

Except as explicitly and expressly permitted by Pilmico Partners or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Pilmico Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Pilmico Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Pilmico Content, including geo-filtering mechanisms. Except as necessary in order to make reference to Pilmico Partners or Services in a purely descriptive capacity, you are expressly prohibited from using any Pilmico Content in any manner.

You may not, without the Pilmico Partners’ written permission, “mirror” any Pilmico Contents contained on the Services or any other server. You may 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 the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. Pilmico Partners reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

6. Restrictions on Use of the Services

Pilmico reserves the right to remove any and all Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the Services. You understand that Pilmico does not control the User Content posted by users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Pilmico assumes no responsibility or liability for any User Content. If you become aware of any misuse of the Services, please report this immediately to pilmico@aboitiz.com.

Pilmico assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time, Pilmico chooses in its sole discretion to monitor the Services, Pilmico nonetheless assumes no responsibility for Content other than Pilmico Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.

You agree not to use the Services to:

  • Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Pilmico Services;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including Pilmico’s servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Services;
  • Delete or revise any information provided by or pertaining to any other user of the Services;
  • Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services.
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person’s consent;
  • Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Pilmico Content; or building a business using the Pilmico Content) without Pilmico’ prior written consent; using technology or other means to access, index, frame, or link to the Pilmico Services (including the Content) that is not authorized by Pilmico (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Pilmico Content);
  • Accessing Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
  • Use the Services to advertise or promote competing services;
  • Use the Services in a manner inconsistent with any and all Applicable Law;
  • Attempt, facilitate or encourage others to do any of the foregoing.

Pilmico reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Pilmico, or for any other reason in Pilmico’ sole discretion and without notice to you. You acknowledge that Pilmico reserves the right to investigate and take appropriate legal action against anyone who, in Pilmico’s sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that Pilmico may access, preserve or disclose information you provide to or through the Services or that we have collected about you, including registration information and User Content, when Pilmico has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Pilmico, our parents, subsidiaries or affiliates (“Pilmico Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If Pilmico sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Pilmicomay transfer your information to the party or parties involved in the transaction as part of that transaction.

Pilmico reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Pilmico assumes no responsibility for any loss of your User Content due to it being removed by Pilmico or for any other reason.

7. User Content on Message Boards and Forums

Pilmico may offer users the ability to post messages on message boards, stories, photos and/or forums (collectively, “Forums”), which may be open to the public generally, to all members of Services or to a select group of Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Pilmico reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in Pilmico’s sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the Services, including the Forums or otherwise.

8. Your Proprietary Rights in and License to Your User Content

Pilmico does not claim any ownership rights (including copyright) in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Pilmico Content or content owned by an Pilmico Affiliate. By posting or transmitting any User Content on, through or in connection with the Services, you hereby grant toPilmico and our Pilmico Affiliates, licensees, assignees, and authorized users, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable and transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, broadcast and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes.

Additionally, Pilmico is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Services. Pilmico’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Pilmico as your agent with full authority to execute any document or take any action, Pilmico may consider appropriate in order to confirm the rights granted by you toPilmico in this Agreement.

You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Services and/or Third-Party Services, or otherwise have the right to grant the license set forth in this section, and (ii) the Transmission of User Content by you on, through or in connection with the Services and/or Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Services or Third-Party Services. If you delete your User Content from any Service, Pilmico’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in Pilmico’s back-up copies of the applicable Service, which are not publicly available. Furthermore, to the extent that Pilmico made use of your User Content before you deleted it, Pilmico will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from Services will not result in, and Pilmico assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from Services, and (ii) termination of your account or your use of the Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

9. Third-Party Links and Services

The Services may provide, or third-parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, “Third-Party Services”). When you engage with a Third-Party Service, you are interacting with the third-party, not with Pilmico. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service’s privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development or payment services. Pilmico is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or endorsement of the Third-Party Service.

Pilmico is not responsible for the content or practices of any websites other than the Services that link to this Agreement, even if the website links to the Pilmico Service and even if it is operated by a Pilmico Affiliate or a company otherwise connected with Pilmicos. By using the Services, you acknowledge and agree that Pilmico is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than Services. When you access Third-Party Services, you do so at your own risk. Pilmico encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to any Service, you must contact and obtain consent from the applicable Service by sending an email to pilmico@aboitiz.com. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Pilmico, including its respective employees, agents, directors, officers or shareholders.

10. Contest and/or promotions

Contests, games and other promotions run on the Services by Pilmico may require you to provide some information such as full name, zip code, e-mail address, and phone number, in order to participate. Pilmico may use a reputable third-party, selected by, but not affiliated withPilmico, to manage and administer some or all of its contests, games and other promotions. This third-party may have access to some or all of the information that you provided in order to participate in the contests, games or other promotion. Our contests and/or other promotions are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related contests. Pilmico requires proof of age in order for an individual to collect any prizes awarded.

11. Member Disputes

You are solely responsible for your interactions with other Pilmico users and visitors, providers of Third-Party Services, Processors or any other parties with whom you interact on, through or in connection with the Services. Pilmico reserves the right, but has no obligation, to become involved in any way with these disputes.

12. Privacy

Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers

THE PILMICO SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND PILMICO DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE PILMICO SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PILMICO EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,PILMICO PARTNERS MAKES NO WARRANTY THAT YOUR USE OF THE PILMICO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE PILMICO SERVICES WILL BE CORRECTED, THAT THE PILMICO SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE NG SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL PILMICO OR OUR PILMICO AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE NG SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE NG SERVICES, ATTENDANCE AT AN PILMICO EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE PILMICO SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE PILMICO SERVICES, OR THE CONDUCT OF ANY USERS OF THE PILMICO SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PILMICO SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE NG SERVICES.

User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of Pilmico or of our Pilmico Affiliates.

14. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PILMICO NOR OUR NG AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE NG SERVICES, EVEN IF PILMICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PILMICO AND OUR PILMICO AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PILMICO, FOR THE NG SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF PILMICO’S ACTS OR OMISSIONS OR YOUR USE OF NG SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE PILMICO SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PILMICO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

15. Philippines Jurisdiction

Pilmico provides the Services in the Philippines. PILMICO does not represent that the PILMICO Content, Services are appropriate (or, in some cases, available) for use in other locations. If you use the Services from a jurisdiction other than the Philippines, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Services. Not all of the Services are available worldwide or nationwide, and Pilmico makes no representation that you will be able to obtain any Services in any particular jurisdiction, either within or outside of the Philippines.

16. Indemnity

You agree to indemnify and hold Pilmico Partners, its Pilmico Affiliates, the Pilmico Community, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of or in connection with your use of the Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the Services.

17. Unsolicited Submissions

Pilmico Partners does not knowingly accept, via the Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Pilmico Partners requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Pilmico Partners, the or Pilmico Community, including without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Pilmico Partners via the Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions, no contractual or fiduciary relationship is created between you and Pilmico Partners; (ii) any such unsolicited submissions and copyright becomes the property of and will be owned by Pilmico Partners (and are not User Content licensed by you to Pilmico Partners under “Your Proprietary Rights in and License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Pilmico Partners sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such unsolicited submissions; and (iv) by sending an unsolicited submission, you waive the right to make any claim against Pilmico Partners, Pilmico Society or NG Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

18. Employment Opportunities

Pilmico Partners may, from time to time, post Pilmico Parties employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Pilmico Partners in response to employment listings, you are authorizing Pilmico Partners to utilize this information for all lawful and legitimate hiring and employment purposes. Pilmico Partners also reserves the right, at its sole discretion, to forward the information you submit, to its NG Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by Pilmico Partners to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that Pilmico Partners will review any or all of the information submitted to it by users of the Services.

26. Other

The failure of Pilmico Partners to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices the Pilmico Partners may be required by Applicable Law to send to you will be effective upon Pilmico Partners’ sending an e-mail message to the e-mail address you have on file with Pilmico Partners or publishing such notices on the informational page(s) of Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pilmico Partners as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement limits Pilmico Partners’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us in connection with such use.

If you would like to contact any Service with any questions regarding this Agreement, please contact us at pilmico@aboitiz.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.