Terms & Conditions, Refund Policy, Pricing & Promotion Policy.
1.1 Our website and Service provided to you through our website are provided on an AS IS basis. You agree that OBRA exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. OBRA shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. OBRA also reserves the right to control the amount of sales to the service at its sole discretion.
1.3 If any modification of the Service is unacceptable to you, your only recourse is to cancel your subscription. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement.
4.1 The Service is supplied to you via a Service Account in consideration of the payment of the price defined in Clause 5.1.
4.4 You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your password, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your Service Account or password.
4.5 When using a public computer, you must sign out when you have finished using our website.
4.6 You may only open one Service Account and you agree that the operation of your Service Account is exclusive to you. Furthermore you agree that only you will receive the Services via your Service Account. NOTE: This includes Recruiting agencies. If your company uses our service to hire a worker for a DIFFERENT company....i.e., a client of your agency, that is considered a breach of our terms. You may only hire for your OWN company, not for that of a client, or any other 3rd party.
4.7 By allowing others to use your Service Account and/or password you will be in breach of these terms and conditions and OBRA will be entitled to terminate this Agreement in accordance with Clause 10.
4.8 Delivery times of your account should be within 10 minutes of ordering. However, this delivery time is an estimate and may vary due to exceptional or unforeseen circumstances.
4.9 In the unlikely event that you have not received access to your account within 30 minutes from acceptance of your order, or if you have any complaints, please contact us via [email protected]
5.1 Prices charged are as shown on the website at the time and date of your purchase. We may change the price of the Service before you place an order for a subscription. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Service's price is higher than stated in your order and you may cancel the order.
5.2 Prices are shown in PHP Peso and US Dollars on the website.
5.3 All the prices shown are inclusive of any taxes.
5.4 Before your order can be accepted we must receive payment in full. Payment shall only be deemed to have occurred once we are in receipt of cleared funds.
5.5 When ordering via the website, you must pay by credit or debit card at the time of the order. We accept Visa, MasterCard, American Express, and Discover.
5.6 We do not accept payment by mail or fax.
5.7 You confirm that all details provided by you to us for the purpose of purchasing the Service will be correct. We reserve the right to obtain validation of your credit or debit card details before providing the Service to you.
5.8 We may refuse any order placed by you.
PinoyArtist.com has a full 31 day money back guarantee policy. Only the most recent subscription payment will be refunded (i.e., the last payment made to PinoyArtist.com will be the only payment refunded), and no payment older than 31 days will be refunded. One refund per customer.
7.2 You may not access the Service if you are a direct competitor of OBRA. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You are also prohibited from enticing or inviting users to signup or use another website.
7.3 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet 'links' to the Service or 'frame' or 'mirror' the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features or graphics of the Service.
7.4 You are only permitted to use the Service personally and agree to do so without the use of any automated means including but not limited to the use of robotic tools except where permission has been expressly granted by OBRA.
7.5 You shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks.
Goods and services of third-parties may be advertised and/or made available on or through this website. During the use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of such third-parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. OBRA does not endorse any sites on the Internet that are linked through the Service. OBRA provides these links to you only as a matter of convenience, and in no event shall OBRA be responsible for any content, products, or other materials on or available from such sites.
10.1 You may cancel your subscription for any Service you have purchased from us, for any reason (including if you simply change your mind) by cancelling your subscription. You can simply login to your paypal account, then find the 'subscription creation' line item in your history. Click it, then click on the 'unsubscribe' button.
It is the responsibility of the end user to cancel their own recurring subscriptions. Cancellation requests via email are also possible, but due to limitations of email, if you do not receive a cancellation confirmation from us, then assume that your subscription is not canceled!
10.2 After cancelling, you will be granted access to the Service through the time period for which you have already paid.
10.4 We reserve the right to terminate this agreement or discontinue the Service or any portion or any feature of it for any reason and at our sole discretion.
10.5 In the circumstances outlined in Clause 10.3 we will not provide a full refund of any unexpired term of the price paid.
10.6 Upon termination you must delete all output of the Service in your possession or control (including from your website and your servers).
10.7 Upon termination of this agreement all rights and obligations of OBRA and you under the agreement will be extinguished.
10.8 If you share access to PinoyArtist.com through your own account with other parties, we reserve the right to seek civil damages and losses that result in that shared access. You, and only you, have the right to access PinoyArtist.com through your own account.
11.1 Payment: Affiliates are paid 40% per new member subscription referred to our services. A signup is counted when a customer first clicks on an affiliate referral link and completes the signup process.
All affiliate fees are processed 30 days after the end of the month in which the sale occurred. Payments are generally sent between the 1st and 5th of the month. Please allow additional time for holidays. EXAMPLE: Commissions earned for sales made during the month of January would be sent at the beginning of March.
Affiliates must generate a balance of $50 or more before payments will be sent.
All commission payments will be made via Paypal.
Affiliates are responsible for checking with Paypal to ensure they will be able accept payments from the US.
Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their commissions.
11.2 Reversals: Referrals that have been issued a refund will be deducted from commissions owed.
Referrals that are found to be fraudulent (false information, fake/stolen credit cards etc.) will be reversed.
Referrals that issue a credit card charge back will be reversed.
Referrals that are for your own subscription (or signing up business partners, spouses,etc) to PinoyArtist.com will not receive commissions. I.E., you are not allowed to sign up to our service using your own affiliate link. PinoyArtist.com reserves the right to disallow commissions based on suspicion of account signup fraud.
11.3 Advertising Compliance:
Affiliates may not offer cash back, rewards or incentives.
Affiliates may not bid on trademark keywords for the purpose of PPC on the search engines (Google, Yahoo, MSN, Ask). Any affiliates found bidding on trademarked terms will be deactivated. For a list of banned keywords, please contact the affiliate manager using the information provided below.
Affiliates may use the approved banners and ad text code found in the affiliate management center. Affiliates are responsible for ensuring that their tracking code is working properly before sending traffic to our servers. Any modification to the links is the sole responsibility of the affiliate - commissions will not be paid for tracking errors caused by editing, masking or tampering with your links.
You will not cause any transactions to be made that are not in good faith, including but not limited to using invisible methods to generate impressions, clicks or transactions that are not initiated by the affirmative action of an end user, or using any cookie, device, program, robot, iframe or hidden frame, pop-up window or any other operation or process that interferes with our ability to properly identify and track transactions. To ensure that you are properly credited with commissions, the general use of framesets and iframes are discouraged.
You will not deliver any Network related cookies or other tracking tags to the computers of end users that are merely viewing your website, Promotional Content or advertisements or while your applications are merely active or open.
You will not interfere with or seek to improperly influence the referral of an end user to Participating Sites and Content unless the end user knowingly and explicitly consents to that behavior by taking an affirmative action.
You will not make any representations, either express or implied, or otherwise create an appearance that a visitor to your website and/or Promotional Content is visiting Participating Sites and Content, for example, by framing or wrapping a site in any manner, without the express written permission of PinoyArtist.com or the Advertiser. The URLs your Links direct to will appear in the address line of the browser. You will not attempt by any means to intercept or redirect traffic from or on, or divert compensation from, Participating Sites and Content or any other Affiliate.
You will not place Links or Promotional Content in third-party newsgroups, message boards, blogs, comments, link farms, forums, classified ad services, counters, chatrooms or guestbooks unless it is allowed by their terms and conditions.
You will not place Links or Promotional Content in connection with topics that PinoyArtist.com in its sole discretion considers to fall in any of the following categories:
sexually explicit materials
firearms or weapons
illegal goods, services or activities
gambling or betting
discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
libel or defamation
content aimed at children
content that is otherwise misleading, obscene or hate-oriented
You will not place Links or Promotional Content on any websites involved in misleading activities with respect to title and page description, search engine manipulation, the unlawful use of meta-tags, or otherwise in any manner that PinoyArtist.com in its sole discretion would consider to fall within any of the following categories:
You will not place Links or Promotional Content on any website that does not comply with the following requirements:
You are not allowed to serve a pop-up or pop-under for Participating Site and Content in connection with other pop-ups or pop-unders.
The back button of the browser must be activated.
The website does not contain dialers or any software that downloads without express consent from the end user.
If the Program Terms allow Links displayed in paid search results, you will not purchase or register search engine keywords, AdWords, search terms or other identifying terms that PinoyArtist.com considers in its sole discretion to fall into any of the following categories:
Promote sexually explicit materials
Promote the purchase or use of firearms or weapons
Promote illegal activities
Promote fake or counterfeit items
Promote gambling or betting
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Infringe upon others' rights, including intellectual property rights
Promote political content or activities
Promote medical drugs
Promote or contain slanderous or defamatory statements
Promote alcohol or tobacco products
Email Promotion. You will not promote Participating Sites and Content using 3rd party email-lists or other forms of electronic communication (for example, SMS or instant messaging) without PinoyArtist.com's or the Advertiser's advance written approval. PinoyArtist.com reserves the right to immediately terminate any such promotion at any time, with or without notice or cause.
11.4 Deactivation: Affiliate accounts may be deactivated at any time without warning or advanced notice. Your account WILL BE DEACTIVATED and commissions set to $0 for failure to comply with the Affiliate Terms contained herein.
Any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.
Affiliate accounts generating a large number of fraudulent accounts may be deactivated upon review.
13.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU 'AS IS' AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13.2 WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. PinoyArtist.com is not responsible for any delays, delivery failures, or other damage resulting from such problems.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR DAMAGES OF ANY TYPE OR KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
Certain states and/our jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain types of damages, so the exclusions set forth above may not apply to you.
We make no representation that the Service is appropriate or available for use in locations outside the United States of America. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you.
18.1 Notices shall be given to us via email at [email protected]com or to you at either the email or address you provided to us during the ordering or registration process.
18.2 Notices will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) or 3 days after the date of posting.
20.3 You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or the Services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.