Effective: November 12, 2015
Your Acceptance
The purpose of www.pinoy3ds.org (the "Website"), is to become the central StreetPass Hub of the Philippines and provide 3DS and StreetPass updates. Please read these terms of service ("Agreement") carefully before using the Website or any services provided on the Website (collectively, "Services").
By accessing or using the Website and its Services, You signify Your agreement to (1) these Terms of Service, and (2) the Community Guidelines. If You do not agree to all the terms and conditions of this Agreement, please do not use the Website and its Services.
Although we may attempt to notify You when major changes are made to these Terms of Service, You should periodically review the most up-to-date version. Pinoy 3DS, in its sole discretion, may modify or revise these Terms of Service and policies at any time, and You agree to be bound by such modifications or revisions.
The Services are accessed by You ("Visitor", "Event Organizer", "You", or "Your") under the following terms and conditions:
1. Website
The Website may contain links to third party websites that are not owned or controlled by Pinoy 3DS. Pinoy 3DS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pinoy 3DS will not and cannot censor or edit the content of any third-party site. By using the Websites, You expressly relieve Pinoy 3DS from any and all liability arising from Your use of any third-party website.
2. Services
Subject to the terms and conditions of this Agreement, Pinoy 3DS may offer to provide Services, as described more fully on the Website, solely for Visitor's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, StreetPass Event Notifications as well as the offering of any Content as defined below on the Website. Pinoy 3DS may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or Content. Pinoy 3DS may also impose limits on certain features and services or restrict a Visitor's access to parts or all of the Services without notice or liability. Pinoy 3DS reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice via its Facebook Page and Twitter account.
The Visitor certifies to Pinoy 3DS that if the Event Organizer is an individual, not a corporate entity, then the Event Organizer must be at least 13 years of age. No one under the age of 13 may provide any personal information to or on Pinoy 3DS (including, for example, a name, photos, address, telephone number, social media accounts, or email address). The Visitor also certifies that it is legally permitted to use the Services and Website, and takes full responsibility for the selection and use of the Services and and the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions. Pinoy 3DS makes no claim that the Website may be lawfully viewed or that Content may be downloaded outside of the Philippines. Access to the Content may not be legal by certain persons or in certain countries. If You access the Website from outside the Philippines, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
Pinoy 3DS will use reasonable efforts to ensure that the Website and its Services are available twenty-four (24) hours a day, seven (7) days a week. However, there will be occasions when the Website and/or Services will be interrupted for maintenance, upgrades, and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Pinoy 3DS to minimize such disruption where it is within Pinoy 3DS's reasonable control.
3. Restrictions
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You agree not to use the Website for any commercial use without the prior written authorization of Pinoy 3DS. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Pinoy 3DS’ express approval:
- Sale of access to the Website, Content, or Services via another website or medium (such as a mobile application);
- Use of the Website, Content, or Services for the purpose of gaining advertising or subscription revenue;
- The sale of advertising, on the Website or any third-party website, targeted to the content of specific Service or Content;
You will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national, and international laws and regulations.
You agree not to impersonate any person or organization.
You agree not to harass any other Visitor.
Pinoy 3DS reserves the right to discontinue any aspect of the Website or Services at any time.
4. Website Content
In addition to the restrictions stated above, the following conditions apply specifically to the use of Website Contents:
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Pinoy 3DS, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to You AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Pinoy 3DS reserves all rights not expressly granted in and to the Website and its Content.
Visitor Comments are made available to You for Your information and personal use solely as intended through the normal functionality of the Website. Visitor Comments are made available "as is," and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.
You may access content only as permitted under this Agreement. Pinoy 3DS reserves all rights not expressly granted in and to the Website and its Content.
You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Visitor Content of third parties obtained through the Websites for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein.
You understand that when using the Websites, You will be exposed to Visitor Comments that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Pinoy 3DS with respect thereto, and agree to indemnify and hold Pinoy 3DS, its administrators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Websites.
5. Visitor Content and Conduct
You may submit StreetPass Venues and StreetPass Event Announcements to Pinoy 3DS. Visitor-submitted requests and Visitor comments are collectively referred to as "Visitor Content". You understand that whether or not such Visitor Content are published, Pinoy 3DS does not guarantee any confidentiality with respect to any Visitor Content.
You shall be solely responsible for Your own "Visitor Content" and the consequences of posting or publishing them. In connection with Visitor Content, You affirm, represent, and/or warrant that: You own or have all the necessary licenses, rights, consents, and permissions to use and authorize Pinoy 3DS to use all patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights in and to any and all Visitor Content to enable inclusion and use of the Visitor Content in the manner contemplated by the Website and these Terms of Service.
For clarity, You retain ownership of all copyrights You may have in Your Visitor Content. However, by submitting Visitor Content to Pinoy 3DS, You hereby grant Pinoy 3DS a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, adapt, modify, reproduce, distribute, prepare derivative works of, display, and to incorporate Visitor Content in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (1) promote and redistribute part or all of the Visitor Content and derivative works thereof in any media formats and through any media channels, (2) the Visitor Content for promotional purposes, whether to promote the Website, other Pinoy 3DS Services, or third party products or services. By way of clarification and not limitation, You acknowledge that You will not be entitled to any royalties or any other payment as a result of any efforts by Pinoy 3DS to use any Visitor Content to the extent necessary for Pinoy 3DS to exercise its rights under the foregoing license, You hereby grant Pinoy 3DS a perpetual, royalty-free and irrevocable license to use any personality, publicity, or privacy rights in and to the Visitor Content and in Your likeness as contained therein. You also hereby grant each Visitor of the Website a non-exclusive license to access Your Visitor Content through the Website, and to use, reproduce, distribute, display and perform such Visitor Content as permitted through the functionality of the Website and under these Terms of Service.
In connection with Visitor Contents, You further agree that You will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Pinoy 3DS all of the license rights granted herein.
You agree that Your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.
Pinoy 3DS does not endorse any Visitor Content or any opinion, recommendation, or advice expressed therein, and Pinoy 3DS expressly disclaims any and all liability in connection with Visitor Content. Pinoy 3DS does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Pinoy 3DS will remove all Visitor Content or Website Content if properly notified in a manner consistent with law that such Visitor Content or Website Content infringes on another’s intellectual property rights. Pinoy 3DS reserves the right to remove Visitor Content and any other content without prior notice.
If You provide feedback to us regarding the Website, its Services, or Visitor Content ("Feedback"), you authorize us to use that Feedback without restriction and without payment to You. Accordingly, You hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
6. Interaction with Other Members in the Marketplace
You are responsible for your interactions with other members. If you have issues with another person, we are not required to get involved, but we can if we desire to. If you have a dispute with another member of the Marketplace subgroup, you release Pinoy 3DS and its administrators from responsibility, claims, demands, or damages of every kind and nature resulting from that dispute or connected to that dispute. This includes damages for loss of profits, item, goodwill, or data.
7. Termination
Pinoy 3DS may also terminate or suspend any and all Services, without prior notice or liability, if a Visitor breaches any of the terms or conditions of this Agreement. Upon blocking of Visitor's Facebook or Disqus account, the Visitor’s right to use the Services as well as the ability to comment on the Website, Social Media channels, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your ability to comment and to submit StreetPass Notifications shall not relieve the Visitor of any obligations arising or accruing prior to such termination or limit any liability which the Visitor otherwise may have to Pinoy 3DS or the Website, including without limitation any indemnification obligations contained herein.
Pinoy 3DS reserves the right to decide whether a Visitor Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Pinoy 3DS may remove Visitor Content in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Copyright
Pinoy 3DS respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Visitors to do the same. Infringing activity will not be tolerated on or through the Services.
Pinoy 3DS's intellectual property policy is to (a) remove material that Pinoy 3DS believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Visitor Content posted to the Website and Social Media outlets by "infringers." Pinoy 3DS has discretion, however, to block the account of any Visitor after receipt of a single notification of claimed infringement or upon Pinoy 3DS' own determination.
Procedure for Reporting Claimed Infringement
If You believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right You own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to pinoy3ds@outlook.com. Your communication must include substantially the following:
• An electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
• Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
• Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient, such as the URL or link to the infringing material, to permit Pinoy 3DS to locate the material;
• Information reasonably sufficient to permit Pinoy 3DS to contact You, such as Your full name, an address, telephone number, and if available, an e-mail address or Social Media account at which You may be contacted;
• A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE OR ITS SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE WEBSITE, VISITOR CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND PINOY 3DS AND ITS ADMINISTRATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PINOY 3DS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PINOY 3DS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PINOY 3DS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Indemnity
The Visitor will indemnify and hold Pinoy 3DS and its administrators from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney's fees, arising from out of the Visitor's access to the Website, use of the Services, the violation of this Agreement by the Visitor, or the infringement by a Visitor, or any third party using the Visitor's Facebook or Disqus account, of any intellectual property or other right of any person or entity.
11. Limitation of Liability
In no event shall Pinoy 3DS and its administrators be liable with respect to the Website or the Services for:
• any indirect, incidental, punitive, or consequential damages of any kind whatsoever;
• damages for loss of use, profits, data, images, Visitor Content or other intangibles;
• damages for unauthorized use, non-performance of the Website, errors or omissions;
• damages related to downloading or posting/sharing Content.
12. Privacy
Please review our Privacy Policy, which governs the use of personal information on the Website and to which the Visitor agrees to be bound as a Visitor of the Website.
13. Contacting Us
If You have any questions or concerns about these Terms of Service or the Website and its Services, please send us a thorough description by email to pinoynintendo@gmail.com
Discord