Welcome to AMFM Philippines! Thank you for using AMFMPH and for taking the time to read this document.
1 – General
The sites displayed as search results or linked to by AMFMPH and the Services are owned and operated by individuals and/or companies over whom AMFMPH exercises no control. AMFMPH assumes no responsibility for the content of any site included in any search results or otherwise linked to by AMFMPH. If, for any reason, the owner and operator of a linked site wishes the link from the AMFMPH site to be deleted, they must contact AMFMPH (webmaster (at) amfmph.com) and expressly request such deletion.
Personal Use Only
AMFMPH’s online radio tuner web site is made available for your personal, non-commercial use only. Use of AMFMPH to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a AMFMPH search and reformat and display them, or mirror the AMFMPH home page or results pages on your Web site, or send automated queries to AMFMPH’s system without express permission from AMFMPH.
If you wish to make commercial use of AMFMPH’s online radio tuner web site you must enter into an agreement with AMFMPH to do so. Please contact info at AMFMPH.com for more information.
2 – Content
Certain types of content are made available through the AMFMPHSites. “AMFMPH Content” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the AMFMPH Sites, excluding User Submissions. “User Submissions” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Site, including without limitation in Member created profile pages. AMFMPH RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY AMFMPH CONTENT OR USER SUBMISSIONS FROM THE SITE WITHOUT NOTICE.
3 – Your Obligations in Using the Site and Services
The Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
a. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any AMFMPH Content;
b. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any meta tags or other hidden text or metadata utilizing a AMFMPH name, trademark, URL or product name;
d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation;
e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
f. Upload, post, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of AMFMPH;
h. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of AMFMPH’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
j. Attempt to probe, scan or test the vulnerability of any AMFMPH system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
l. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by AMFMPH or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
m. Collect or store personal data about other AMFMPH Users without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
o. Use the Site or Services in any manner not permitted by this Agreement; or
p. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
4. Termination; Cancellation.
a. We may immediately terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. AMFMPH is not liable to you or any third party for termination of the Services or termination of your use of the 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, AMFMPH will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. Any suspension, termination or cancellation will not affect your obligations to AMFMPH under these Terms of Service (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.
5. Modification of the Site or Terms of Service.
AMFMPH reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without notice. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services. By continuing to access or use the Site and Services after AMFMPH makes any such modification, you agree to be bound by the revised Terms of Service.
6. Disclaimer of Warranties.
AMFMPH disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the AMFMPH.com site. AMFMPH disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. AMFMPH disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the AMFMPH Live Internet Radio Tuning Service.
AMFMPH IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. AMFMPH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AMFMPH DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF AMFMPH. AMFMPH DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH AMFMPH . AMFMPH DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AMFMPH.COM SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY AMFMPH, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE AMFMPH.COM SITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF AMFMPH AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL AMFMPH BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON AMFMPH ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF AMFMPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON AMFMPH, FROM INABILITY TO USE THE AMFMPH, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF AMFMPH (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON AMFMPH OR RECEIVED THROUGH ANY LINKS PROVIDED IN AMFMPH, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON AMFMPH OR RECEIVED THROUGH ANY LINKS PROVIDED IN AMFMPH. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE AMFMPH OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, AMFMPH. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall AMFMPH be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
8. Miscellaneous Provisions.
These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if in writing and signed by AMFMPH.