Welcome to Pelicola.TV!

We are happy to provide you, our users, with streaming audio and video programs over the Internet on demand. This site is managed and maintained by Pelicola Media Ventures, Inc. ("Operator"). Please read the following terms and conditions ("Terms") that govern your use of our site, including any content, information, products, or services found within it. This applies to you whether you are a contributor, member, or visitor to our site. By using this site, you agree to be bound by the Terms below. These Terms may be modified from time to time without notice to you, so you are responsible for checking these Terms periodically for changes.

Use of Material on the Pelicola.TV website

The information, artwork, text, video, audio, and photographs (collectively, "Materials") contained on the Pelicola.TV website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes. You may not modify nor use the Materials for any other purpose without Operator’s express written consent. Except as provided below, you may not reproduce, republish, post, transmit, publicly perform, publicly display, or distribute any Materials on the Pelicola.TV website.

You may print Materials on the Pelicola.TV website for personal or educational purposes only, and you must include any copyright notice originally included in the Materials in all copies.

Any computer software downloadable or otherwise available from the website is licensed subject to the terms of the applicable license agreement. Any services purchased or otherwise made available from the website are licensed under the terms of the applicable terms of service agreement.

The Materials included on the website have been compiled from a variety of sources, and are subject to change without notice.

All media files on the website are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, communicate to the public, or distribute any media files made available on the website without obtaining the express written consent of the Operator. You may not link directly to any media file located on a Pelicola.TV server, and you should not attempt to "pass-off" any Pelicola.TV content as your own work.

Sites Linked from the Pelicola.Tv Website

The sites linked from the Pelicola.TV website are not under Operator's control, and Operator does not assume any responsibility or liability for any material available at the linked sites. Links on the website are not intended to be referrals or endorsements of the linked entities; they are provided only for convenience. You are solely responsible and liable for any interactions you may have with any of the linked entities, their sponsors, and other third parties, including but not limited to, the delivery and/or payment for goods and services, and any other terms, conditions, warranties, or representations associated with such interactions. Operator shall not be responsible or liable for any part of such interactions.

Framing or Linking to the Pelicola.TV Website

You may not link to or frame the Pelicola.TV website without obtaining the express written consent of Operator.

Registration

You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current.

During the registration process, you will create a password and a user name. Once you have completed the registration process, we will set up a profile for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile.

Public Forums

"Forums" mean any chat area, poll, bulletin board, e-mail, or other interactive function offered as a part of the Pelicola.TV website. All information, advice, files, links, communications, or other materials posted by you ("User-Supplied Materials") to any Forum shall be your responsibility. You shall not post or transmit via any Forum any User Supplied Materials which infringes a third party's rights, including without limitation any privacy, publicity, or intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory, abusive, threatening, harmful (including but not limited to viruses, worms, or similar software), or that is otherwise objectionable. You shall use the website for lawful purposes only.

The Forums shall be used only in a noncommercial manner. You shall not, without Operator's express approval, distribute or otherwise publish any material containing any solicitation, promotion, or advertising for goods or services.

By submitting User-Supplied Materials to any Forum, you grant, or warrant that the owner of any such User-Supplied Materials has expressly granted, to Operator a royalty-free, non-exclusive, perpetual right and license to use, reproduce, modify, publish, and distribute all such User-Supplied Materials and/or to incorporate such materials in other works in any form, media, technology now known or later developed and to sublicense any and all such rights to third parties.

Operator shall have the right, but not the responsibility, to monitor and/or remove any User-Supplied Materials posted by you to the website deemed harmful or offensive in Operator's sole discretion, or that otherwise violate these Terms or any other terms and conditions which Operator may institute from time to time. Operator shall have no liability for the failure to receive or for the removal of any such materials.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of the Operator. Operator makes no representations or warranties regarding the Forums and neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Pelicola.TV website. It is your responsibility to evaluate or seek the advice of professionals to assist you in the evaluation of the accuracy, completeness, or usefulness of any Information provided in connection with or otherwise available on the website.

Indemnity

You agree to indemnify and hold Operator harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, or related to any information you submit, post, transmit, or make available through the website, your use of the Pelicola.TV website, your connection to the website, your violation of these Terms, or your violation of any law, regulation, or third-party right.

For purposes of this section, "Operator" shall include Pelicola Media Ventures, Inc. and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents, representatives, and any third-party providers or sources of information or data.

Disclaimer of Warranty

The services, products, Materials, information, and other data (collectively, "Information") made available at the Pelicola.TV website are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. Your use of the website and Information is at your own risk. Operator expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Operator shall have absolutely no liability whatsoever in connection with the Information including, without limitation, any liability for damage to your computer hardware, data, information, Materials, and business resulting from the Information or the lack of information available on the website. Operator shall have no liability for: (1) Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; (2) Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or (3) Any decision made or action take or not taken in reliance upon the Information furnished hereunder.

Operator makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of the Information or that the Information may be relied upon for any reason. Operator makes no warranty, representation, or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.

For purposes of this section, "Operator" shall include Pelicola Media Ventures, Inc. and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents, representatives, and any third-party providers or sources of information or data.

Limitation of Liability

In no event shall Operator be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of or relating to your use of, reliance on, or inability to use the website and/or the Information or any part thereof, or from the use of the Internet generally, even if Operator has been advised of the possibility of such damages.

For purposes of this section, "Operator" shall include Pelicola Media Ventures, Inc. and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents, representatives, and any third-party providers or sources of information or data.

Copyright and Trademark Notice

Copyright Pelicola Media Ventures, Inc. and/or its licensors, 2009, all rights reserved. "Pelicola TV" is the registered trademark of Pelicola Media Ventures, Inc. Copyright Infringement Notification Procedure Operator's designated agent for notice of claims of copyright infringement related to the website is:

Bengzon Negre Untalan Intellectual Property Attorneys
2nd Floor, Sedcco Building Rada corner Legaspi Street
Legaspi Village, Makati City 1229 Philippines
T: +632-8130120
F: +632-894-2073
E: bnu@iplaw.ph

Arbitration, Jurisdiction & Governing Law

You and Operator agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the website, or your use of the Information (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Operator toward the other, shall be determined exclusively by final and binding arbitration.

If any matter, dispute, or claim cannot be settled amicably between us within thirty (30) days after you have brought any such claim to the Operator’s attention by written notice, then the matter, dispute or claim may be submitted at the Operator’s option, for arbitration to the Philippine Dispute Resolution Center, Inc. in accordance with the rules of the United Nations Commission on International Trade Law (UNCITRAL). The arbitration proceedings may be held in Metro Manila, Philippines at such venue within as may be specified by the arbitrator. The arbitration proceedings shall be conducted in the English language. Each of us shall bear our own costs of the arbitration proceedings. The decision and award of the arbitrator shall be final and binding on the Parties.

Nothing contained herein shall, however, be construed to limit or to preclude the Operator from bringing any action in any court of competent jurisdiction for injunctive or provisional relief as necessary or appropriate to compel you to comply with your obligations or to protect Operator’s rights.

These Terms shall be governed by the laws of the Philippines, without regard to conflicts of law provisions, and you give your unqualified consent to the exclusive jurisdiction of Philippine courts.

General Provisions

No delay or failure to take action under these Terms shall constitute any waiver by Operator of any provision of these Terms. These Terms (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between Operator and you with respect to the subject matter and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein. If any provision of these Terms is held invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms will bind and inure to the benefit of each party's permitted successors and assigns. These Terms are personal to you and may not be transferred, assigned, or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination or Suspension Site or Services

Operator reserves the right, in its sole discretion and at any time, to modify, discontinue, or terminate the website and any of its services without advance notice.

In the event that you breach these Terms, Operator may immediately terminate or suspend your access to the Pelicola.TV Website and the services it provides and remove any material (including User Submissions) from the Site or our servers. We also reserve the right to terminate the Site, any such services, or your access to them at any time and for any reason. In addition, Operator may notify authorities or take any actions it deems appropriate, without notice to you, if we suspect or determine, in our own discretion, that you may have, or there is a significant risk that you have: (1) failed to comply with any provision of these Terms or any policies or rules established by us; or (2) engaged in actions relating to, or in the course of using the Site or its services, that may be illegal or cause liability, harm, embarrassment, harassment, abuse, or disruption for you, other Pelicola.TV Users, Operator, or any other third parties or the Site or its services.

You may terminate your Pelicola.TV account at any time and for any reason by selecting "Close Account" in your account preferences. Upon any termination by a Member, the related account will no longer be accessible.

After any termination, you understand and acknowledge that we will have no further obligation to provide any services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Operator is not liable to you or any third party for termination of any of its services or termination of your use of any such services. Upon any termination or suspension, any information (including User Submissions) that you have submitted on the site, or that which is related to your account, may no longer be accessed by you. Furthermore, Operator will have no obligation to maintain any information stored in our database, or to forward any information to you or any third party.

Any suspension, termination, or cancellation will not affect your obligations to Operator under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.