Introduction
Welcome to HotFilipinoGirls.com. This Site is provided by Flip Side, LLC (referred to throughout this Site as "FLIP SIDE") as
a service to our customers. Please review the following basic rules that govern your use of the
HotFilipinoGirls.com site. (the "Agreement"). Please note that your
use of the HotFilipinoGirls.com site (the "Site") constitutes your
unconditional agreement to follow and be bound by these Terms of Use.
Although you may "bookmark" a particular portion of this Site and
thereby bypass this Agreement, your use of this Site still binds you to
these Terms of Use. FLIP SIDE reserves the right to update or modify
these Terms of Use at any time without prior notice to you. For this
reason, we encourage you to review these Terms of Use whenever you use
this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18
years of age or older. If you do not agree to (or cannot comply with)
any of these terms and conditions, do not use this Site. All billing and
registration information provided must be truthful and accurate.
Providing any untruthful or inaccurate information may constitute a
breach of these Terms of Use. By confirming your purchase at the end of
the checkout process, you agree to accept and pay for the item(s)
requested.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written
and other materials that are part of this Site (collectively, the
"Contents") are intended solely for personal, non-commercial use. You
may download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only. No right, title or
interest in any downloaded materials or software is transferred to you
as a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale of or
exploit in any way, in whole or in part, any of the Contents, the Site
or any related software. All software used on this Site is the property
of FLIP SIDE and protected by U.S. and international copyright laws. The
Contents and software on this Site may be used only as a shopping
resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of
the Contents on this Site is strictly prohibited.
Objectionable Material. You understand that by using this Site or any
services provided on the Site, you may encounter Content that may be
deemed by some to be offensive, indecent, or objectionable, which
Content may or may not be identified as such. You agree to use the Site
and any service at your sole risk and that FLIP SIDE and its affiliates
shall have no liability to you for Content that may be deemed offensive,
indecent, or objectionable.
Site Security
Users are prohibited
from violating or attempting to violate the security of the Site,
including, without limitation, (a) accessing data not intended for such
user or logging onto a server or an account which the user is not
authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing" or "crashing;" (d) sending
unsolicited email, including promotions and/or advertising of products
or services; or (e) forging any TCP/IP packet header or any part of the
header information in any email or newsgroup posting. Violations of
system or network security may result in civil or criminal liability.
FLIP SIDE will investigate occurrences that may involve such violations
and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. You agree not to
use any device, software or routine to interfere or attempt to interfere
with the proper working of this Site or any activity being conducted on
this Site. You agree, further, not to use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search
agents available from FLIP SIDE on this Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
Order Acceptance
By placing an order, you certify that you are able to pay for the item(s)
in your order. You are responsible for the accuracy of any purchase
placed. By placing an order on HotFilipinoGirls.com you agree to be
bound by the conditions of sale included in the item's description
(including, without limitation, payment method and acceptable ship-to
address). The items on HotFilipinoGirls.com may be mature audience items
and are restricted to adult use. If you place an order for an item on
HotFilipinoGirls.com, you are certifying that you are at least 18 years
old or the applicable age of majority in the jurisdiction in which you
reside and have the legal right to purchase such item. You shall comply
with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of HotFilipinoGirls.com
and your purchase of items. Due to some country, state and county laws,
we may not be able to ship certain merchandise to your address. Unless
otherwise stated, all prices are quoted in U.S. Dollars. In addition to
the shipping and handling charges we add at the time of checkout, you
are solely responsible for any and all duties, taxes, tariffs and/or
levies, which may be incurred in connection with the shipment of your
ordered item(s), regardless of when such additional charges are
assessed. All purchases from HotFilipinoGirls.com are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery of the items to the carrier.
Please note that there may be certain orders that we are unable to
accept and must cancel. We reserve the right, at our sole discretion, to
refuse or cancel any order for any reason. For your convenience, you
will not be charged until your payment method is authorized, the order
information is verified for accuracy and your order is shipped. Some
situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or errors
in product or pricing information, or problems identified by our credit
and fraud avoidance department. We may also require additional
verifications or information before accepting any order. We will contact
you if all or any portion of your order is canceled or if additional
information is required to accept your order. If your order is canceled
after your credit card has been charged, we will issue a credit to your
credit card in the amount of the charge.
Pricing Information
While FLIP SIDE strives
to provide accurate product and pricing information, pricing or
typographical errors may occur. FLIP SIDE cannot confirm the price of an
item until after you order. In the event that an item is listed at an
incorrect price or with incorrect information due to an error in pricing
or product information, FLIP SIDE shall have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In the
event that an item is incorrectly priced, FLIP SIDE may, at our
discretion, either contact you for instructions or cancel your order and
notify you of such cancellation.
Copyrights and Trademarks
Unless otherwise noted,
all Contents are copyrights, trademarks, trade dress and/or other
intellectual property owned, controlled or licensed by FLIP SIDE and are
protected by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all Contents on
this Site is the exclusive property of FLIP SIDE and is also protected
by U.S. and international copyright laws.
FLIP SIDE expressly reserve all intellectual property rights in all
text, programs, products, processes, technology, content and other
materials which appear on this Site. Access to this Site does not confer
and shall not be considered as conferring upon anyone any license under
any of FLIP SIDE's intellectual property rights.
The FLIP SIDE names and logos and all related product and service
names, design marks and slogans are the trademarks or service marks of
Flip Side, LLC. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection
with the materials contained on this Site. Access to this Site does not
authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of
third parties or hypertext links to third party sites or information are
provided solely as a convenience to you and do not in any way constitute
or imply FLIP SIDE's endorsement, sponsorship or recommendation of the
third party, information, product or service. FLIP SIDE is not
responsible for the content of any third party sites and does not make
any representations regarding the content or accuracy of material on
such sites. If you decide to link to any such third party web sites, you
do so entirely at your own risk.
User Reviews, Feedback, Submissions
All reviews, comments,
feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to FLIP SIDE on or by this Site or
otherwise disclosed, submitted or offered in connection with your use of
this Site (collectively, the "Comments") shall be and remain FLIP SIDE's
property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to FLIP SIDE of all worldwide rights, titles
and interests in all copyrights and other intellectual properties in the
Comments.
Thus, FLIP SIDE will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. FLIP SIDE will be entitled to use,
reproduce, disclose, modify, adapt, create derivative works from,
publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any way.
FLIP SIDE is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments. You agree that any
Comments submitted by you to the Site will not violate this policy or
any right of any third party, including copyright, trademark, privacy or
other personal or proprietary right(s), and will not cause injury to any
person or entity. You further agree that no Comments submitted by you to
the Site will be or contain libelous or otherwise unlawful, threatening,
abusive or obscene material, or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings or
any form of "spam".
FLIP SIDE does not regularly review posted Comments, but does reserve
the right (but not the obligation) to monitor and edit or remove any
Comments submitted to the Site. You grant FLIP SIDE the right to use the
name that you submit in connection with any Comments. You agree not to
use a false email address, impersonate any person or entity, or
otherwise mislead as to the origin of any Comments you submit. You are
and shall remain solely responsible for the content of any Comments you
make and you agree to indemnify FLIP SIDE and its affiliates for all
claims resulting from any Comments you submit. FLIP SIDE and its
affiliates take no responsibility and assume no liability for any
Comments submitted by you or any third party.
Colors
We have made every
effort to display the colors of our products that appear on the Site as
accurately as possible. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitor's display
of any color will be accurate.
Indemnification
You agree to defend,
indemnify and hold harmless FLIP SIDE and its affiliates from and
against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are
effective unless and until terminated by either you or FLIP SIDE. You
may terminate this Agreement at any time, provided that you discontinue
any further use of this Site. FLIP SIDE also may terminate this
Agreement at any time and may do so immediately without notice, and
accordingly deny you access to the Site, if in FLIP SIDE's sole
discretion you fail to comply with any term or provision of this
Agreement. Upon any termination of the Agreement by either you or FLIP
SIDE, you must promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such materials,
whether made under the Terms of Use or otherwise. FLIP SIDE's right to
any Comments shall survive any termination of this Agreement.
Disclaimer
THIS SITE AND THE
INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR
FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE, SHALL FLIP SIDE OR ANY OF ITS AFFILIATES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE
TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE HOTFILIPINOGIRLS.COM,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FLIP
SIDE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL FLIP SIDE BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING
THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement
represents the complete agreement between the parties and supersedes all
prior agreements and representations between them. Headings used in
these Terms of Use are for reference purposes only and in no way define
or limit the scope of the section. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable and the
other terms of this Agreement shall remain in full force and effect. The
failure of FLIP SIDE to act with respect to a breach of this Agreement
by you or others does not constitute a waiver and shall not limit FLIP
SIDE's rights with respect to such breach or any subsequent breaches.
This Agreement shall be governed by and construed under Hawaii law
without regard to conflicts of law provisions. Any action or proceeding
arising out of or related to this Agreement or your use of this Site
must be brought in the state or federal courts of Hawaii and you consent
to the exclusive personal jurisdiction of such courts.