Terms and Conditions

Last modified: January 23, 2014

Unemployed Pinoys Online Community

Standard Terms and Conditions

January 23, 2014 Edition




Introduction. This agreement (“Agreement”) between You and the use of UEP Dashboard system, as well as being a member of ‘Unemployed Pinoys Community’ (A project from Splunkeez Information Technology (“www.unemployedpinoys.com”) consists of these ‘Unemployed Pinoys Community’ Program (the “Program”) Standard Terms and Conditions (“Terms and Conditions”). A description of the Program, as generally offered by www.unemployedpinoys.com, is available under your account dashboard with tab name: “Unemployed Pinoys Community Standard Terms and Conditions”, or such other URL, page location, as www.unemployedpinoys.com may provide from time to time. “You” or “Member” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and www.unemployedpinoys.com as to its subject matter.

If you do not agree to any of these terms and conditions you should immediately cease to use the Site and the Community. Please note that we may immediately remove, close, suspend, or limit your access to your www.unemployedpinoys.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement Terms and Conditions, and its associated policies incorporated by reference.

1. Program Participation. Participation in the Program is subject to www.unemployedpinoys.com’s prior approval and Your continued compliance with the Program Policies (“Program Policies”), located at your dashboard under your account panel, and or such other URL as www.unemployedpinoys.com may provide from time to time. www.unemployedpinoys.com reserves the right to refuse participation to any applicants at any time in its sole discretion.

2. By enrolling in the Program, you represent that you are at least 15 years old and is less than 45 years old and agree that www.unemployedpinoys.com may republished your submitted contents to its partner 3rd party sites for the benefits of gaining profits and income from the visitors being driven back by these 3rd party sites, provided that these contents should not be modified and is officially bannered under your signature name.

3. Multiple accounts held by the same individual or entity is subject to immediate termination unless expressly authorized in writing by www.unemployedpinoys.com (including by electronic mail). In some circumstances as expressly authorized in writing by www.unemployedpinoys.com (including electronic mail), you may enroll in the Program and create an account for the sole purpose of having an opportunity to gain more projects and earnings from your submitted content to www.unemployedpinoys.com, and not, for purposes of clarification, for the purpose of displaying your contents, articles, and photos, for commercial activities and interest (i.e. commercial advertisement content publishing on or referral contents pointing to another property, or SEO ‘LinkBuilding purposes’).

4. Members’ Responsibilities. You as a community member are solely responsible for the articles, contents, including the attached photos of the material/s, web scripts, software programs, web designs, and other I.T. online projects, you submit under your account thereof, the proper implementation of www.unemployedpinoys.com program specifications, and adherence to the terms of this Agreement, including compliance with all other Program Policies.

You are also expected to disseminate the right information, and proper guidance as well as to respect and practice humility to your co-members, the new, and incoming members, especially the officers of Splukeez Information Technology, and its authorized representatives to www.unemployedpinoys.com program.

5. www.unemployedpinoys.com reserves the right to investigate, at its own discretion, any activity that may have violated this Agreement, including but not limited to any use of a software application to modify, generate, override, and tamper your account settings and performance report including analytics under your account panel to come up with results you may want based on your preferences prohibited by this Agreement.

'AT-THE-SAME-TIME'; www.unemployedpinoys.com reserves the right to terminate, suspend, and/or remove any member from the system, and to terminate this agreement if the member has been found to be in violation of this Standard Terms and Conditions. On the other hand, THE HRD who represents community management for www.unemployedpinoys.com project at its own discretion reserves the right to give Incentives, Promote, and Level up the ranks and benefits a member should be eligible of.

6. www.unemployedpinoys.com will not be responsible for anything related to your articles, contents, including the attached photos of the material/s, web scripts, software programs, web designs, and other I.T. online projects, including without limitation from the receipt of queries from end users of our published contents or the effect of publication to its concerning parties. In addition, www.unemployedpinoys.com shall not be obligated to provide notice to you in any event of complaints and disputes from the end users or readers, including the parties affected by the content of your submitted projects.

7. Prohibited Uses. You shall not, and shall not authorized or encourage any third party to:

  • (i) Directly or indirectly generate automated queries, referral events, or impressions of views and fake readership, including without limitation on showing a link of your published articles to PPC sites, Porn Sites, automated pinging and crawling sites, and all the likes through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual browser refreshes, repeated clicks, the use of robots, spiders, or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other illegal search engine optimization services and/or illegal, unlicensed, underground softwares that provides blackhat SEO effects;
  • (ii) Edit, modify, and or remove ‘articles-after-publication’ under your account panel without notice and approval from the desk editors.
  • (iii) Frame, minimize, remove or otherwise remove the additional reference links automatically being included in your published articles, as covered by the Program Policies located at your inbox entries under your account panel, and or such other URL as www.unemployedpinoys.com may provide from time to time.
  • (iv) Misrepresented redirection of readers from other sites sending them to your published contents to gain readership and views.
  • (v) Post an excerpt of your published content with a linkback code on any Web page or any Web site that contains any pornographic, hate-related, violent, or illegal content;
  • (vi) Act in any way that violates any Program Policies posted on the Unemployed Pinoys Community - Philippines Website, as may be revised from time to time, or any other agreement between You and www.unemployedpinoys.com
  • (vii) Tamper, Override, Submit Duplicated Data, Cheat the tasks, or Confused data submission and processing of you reports to the system, as well as to; Disseminate malware; or Initiate ‘hack attempts’ on the system.
  • (viii) Apply for a new account to use the Program after www.unemployedpinoys.com has terminated this Agreement with You as a result of your breach of this Agreement; or
  • (ix) Engage in any action or practice that reflects poorly on www.unemployedpinoys.com or otherwise disparages or devalues www.unemployedpinoys.com program reputation or goodwill.
  • (x) You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that www.unemployedpinoys.com may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

8. Termination and Cancellation. Subject to any third party agreements You may have with other online job programs, You may stop submitting and working in the Program with or without cause at any time by sending a written notice of your desire to cancel Your participation in the Program to unemployedpinoys@gmail.com. This Agreement will be deemed terminated within ten (10) business days upon www.unemployedpinoys.com receipt of Your notice. www.unemployedpinoys.com may investigate any activity that may violate this Agreement. www.unemployedpinoys.com may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Party in all or part of the Program for any reason. In addition, www.unemployedpinoys.com reserves the right to terminate without notice any account that has not generated a sufficient submission of qualified project results such as, your articles, contents, including the attached photos of the material/s, web scripts, software programs, web designs, and other I.T. online projects on a given period of one (1) week to (1) month as discussed under Program Policies.

Upon termination of participation of any Party in the Program or termination of this Agreement for any reason, Sections 2,6,9,12,14,16,17,18 and 19 shall remain in force.

Any Fees/Payments; during the membership application, submitted to www.unemployedpinoys.com, thru its authorized representatives is/are not refundable ('NON-REFUNDABLE'), except in cases wherein; 'the termination of this agreement' is initiated by the authorized representative or legal department of www.unemployedpinoys.com, and or, 'YOU HAVE REQUESTED A REGISTRATION FEE REFUND' thru your UEP Dashboard, within SEVEN(7) DAYS after activation of your account.

9. Confidentiality. You agree not to disclose www.unemployedpinoys.com Confidential Information without www.unemployedpinoys.com prior written consent. “Unemployed Pinoys Community Confidential Information” includes without limitation: (a) all www.unemployedpinoys.com software, technology, programming, specifications, materials, guidelines and documentations relating to the Program; (b) projects, partners, concepts, viewership, and readership rates covered by Program Policies, located at dashboard under your account panel, and or such other URL as www.unemployedpinoys.com may provide from time to time, or other statistics relating to Property performance in the Program provided to You by www.unemployedpinoys.com; and (c) any other information designated in writing by www.unemployedpinoys.com as “Confidential” or an equivalent designation. However, You may accurately disclose the amount of www.unemployedpinoys.com gross payments to You including other benefits you are having with as part of Your membership pursuant to the Program. Unemployed Pinoys Confidential Information does not include information that has become publicly known through no breach by You or www.unemployedpinoys.com, or information that has been (i) independently developed without access to Unemployed Pinoys Community Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a government authority.

10. No Guarantee. Under unwanted circumstances, www.unemployedpinoys.com makes no guarantee regarding the number of projects that will be given to you including the amount or rate of each activity to be made to You under this Agreement. In addition, for the avoidance of doubt, www.unemployedpinoys.com does not guarantee the Program will be operable at all times or during downtimes, not even guarantees’ to safe keep your articles, contents, including the attached photos of the material/s, web scripts, software programs, web designs, and other I.T. online projects for unwanted file corrupt errors, or unexpected server data loss, (i) caused by outages to any public Internet backbones, network or servers, (ii) caused by any failures of Your equipment, systems, local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond www.unemployedpinoys.com’s (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where www.unemployedpinoys.com (or its wholly owned subsidiaries) or Your means of computer access location or co-location.


12. Limitations of Liability; Force Majeure. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE PROGRAM, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) www.unemployedpinoys.com’S AGGREGATE LIABILITY TO PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY www.unemployedpinoys.com TO PUBLISHER DURING THE THREE (3) MONTH PERIOD IMMEDEDIATELY PRECEDING THE DATE OF CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

13. Payment. You shall receive a payment based on the rate that is qualified on your Membership Rank, and constitutes with the presented rate/s based on the assigned Task Items/s (T.I.) within your personal dashboard located at www.unemployedpinoys.com website. You shall receive payments on a per ‘item-to-item’ data or project basis provided that such were validated to be qualified and verified true and correct by the official auditing officers of www.unemployedpinoys.com in each case as determined by www.unemployedpinoys.com moderators, for its participants, or visitors, readers, and subscribers of the Program.

Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by www.unemployedpinoys.com during SATURDAYS and SUNDAYS, weekly, within each calendar month provided; that Your earnings from your submitted, approved, and published projects, including other incentives in connection with Your membership account gained a balance of Php 500.00 or more. In any case, on a specific week, wherein your minimum income balance threshold is below Php 500.00, said income shall be included, and will be accumulated to the following week, of the same calendar month.

In the event the agreement is terminated by You (following www.unemployedpinoys.com’s receipt of Your written request, including by email, to terminate the Agreement) or by www.unemployedpinoys.com, In no event however; shall www.unemployedpinoys.com make payments for any earned balance less than Php 500.00.

Notwithstanding the foregoing, www.unemployedpinoys.com shall not be liable for any payment based on: (i) any amounts which result from invalid and unqualified work results, or other invalid actions and expectations by You as reasonably determined by www.unemployedpinoys, (ii) or as a result of any breach of this Agreement by You for any applicable period.

www.unemployedpinoys.com reserves the right to withhold the payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending www.unemployedpinoys.com’s reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that the advertisers, and IT business partners for this Program defaults on payment and is not limited to other entities where www.unemployedpinoys.com sources out its fund to support its community members including You. In addition, if You are past due on any payment to www.unemployedpinoys.com in connection with any Unemployed Pinoys Community Program with your account upgrades and other add-ons, softwares, tools, reference to make the most out of your online work earning experience, www.unemployedpinoys.com reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by amounts owed by You to www.unemployedpinoys.com

To ensure proper payment, You are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with Your account. (IF BY ANY CHANCE, IMPLEMENTED AND MADE APPLICABLE BY PHILIPPINE GOVERNMENT; ref: ‘Republic Act No. 10175’); If necessary as pre-government option by the Republic of the Philippines, you might be required to submit a fully completed Form W-8 or any other form, which may require a valid Philippine Tax Identification No. as required by the Philippine Authorities. Any bank or wire transfer fees related to returned or cancelled checks or payment transfer due to payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program.

www.unemployedpinoys.com may change its pricing and/or payment structure at any time either to increase or decrease as deem necessary, and without the need of prior notice or demand. If You dispute any payment made under the Program, You must notify www.unemployedpinoys.com in writing within thirty (30) days of any such payment; failure to notify www.unemployedpinoys.com shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by www.unemployedpinoys.com; No other measurements or statistics of any kind shall be accepted by www.unemployedpinoys.com or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Your other entity concerns that requires separate payments) unless expressly authorized in writing by www.unemployedpinoys.com (including by electronic mail).

From time to time www.unemployedpinoys.com may be holding funds, payments and other amounts due to You in connection with the Unemployed Pinoys Community Philippines Program. You acknowledge and agree that www.unemployedpinoys.com may, without further notice to You, contribute to a charitable organization selected by www.unemployedpinoys.com all funds, payments and other amounts related to the Unemployed Pinoys Community Philippines Program that are held by www.unemployedpinoys.com and that are due to You (if any), but which www.unemployedpinoys.com is unable to deliver to You because Your account is Inactive (as defined). “Inactive” means that, based on www.unemployedpinoys.com’s records: (a) You have not logged-in into your account for a period of one(1) month, or accepted funds, payments, or other amounts www.unemployedpinoys.com has attempted to pay or deliver to You, and (b) www.unemployedpinoys.com has been unable to reach You, or has not received adequate payment instruction from You, after contacting You at the address shown in www.unemployedpinoys.com’s records.

As such, all activities that will emanate due to such reasons shall be publicly and officially published on www.unemployedpinoys.com’s website and www.unemployedpinoys.com’s official facebook account under URL: https://www.facebook.com/unemployedpinoys

14. Publicity. You agree that www.unemployedpinoys.com may use Your name and any other information necessary in any cases of dispute and violation of intellectual rights made by You through your articles, contents, including the attached photos of the material/s, web scripts, software programs, web designs, and other I.T. online projects

15. Representation and Warranties. You represent and warrant that (a) all of the information provided by You to www.unemployedpinoys.com to enroll and become a member of the Program is correct and current; (b) You have all the necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (c) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation to the CAN-SPAM Act of 2003, The Creative Commons License by the Program and any relevant data protection or privacy laws) in Your performance of any acts hereunder

16. Your Obligation to Indemnify. You agree to indemnify, defend and hold www.unemployedpinoys.com and its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants, and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against and Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Property(ies), and /or Your breach of any term of this Agreement.

17. www.unemployedpinoys.com Rights. You acknowledge that www.unemployedpinoys.com owns all right , title and interest, including without limitation to all Intellectual Property Rights (as defined), in and to the Program (including www.unemployedpinoys.com web platform and technology), including implied licenses, and excluding items licensed by www.unemployedpinoys.com from third parties and excluding and third party media publishing systems that may comprise the Property, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive HMTL 5, CSS3, and other Web source codes from any www.unemployedpinoys.com services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto, this includes and not limited as well to www.unemployedpinoys.com 3rd party programs (i.e wordpress cms platforms, php scripts, and other related systems and technology). You will not remove, obscure, or alter www.unemployedpinoys.com’s copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any www.unemployedpinoys.com services, software, or documentation (including without limitation the display of www.unemployedpinoys.com’s Brand and Logos). “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

18. Information Rights. www.unemployedpinoys.com may retain and use, subject to the terms of the Unemployed Pinoys Community Privacy Policy located within your dashboard, and or such other URL as www.unemployedpinoys.com may provide from time to time, all information You provide, including but not limited to Property demographics and contact billing information. You agree that www.unemployedpinoys.com may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws that Your own. www.unemplyedpinoys.com may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. www.unemployedpinoys.com disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party www.unemployedpinoys.com may share non-personally-identifiable information about You, including Property URL’s, Property-specific statistics and similar information collected by www.unemployedpinoys.com with the front end users on the statistics related to your account. You grant www.unemployedpinoys.com the right to access, your account at anytime for the purposes of maintenance and other Program development upgrades and updates.

19. Miscellaneous. This Agreement shall be governed by the laws of Roxas City, Capiz Philippines, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Roxas City Court, Philippines. The parties specifically exclude from application to the Agreements the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online or electronic acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by www.unemployedpinoys.com; The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to www.unemployedpinoys.com; Notwithstanding the foregoing, www.unemployedpinoys.com may assign this Agreement to any affiliate at any time without notice.

The relationship between www.unemployedpinoys.com, Splunkeez Information Technology, and You is not one of a legal partnership relationship, employer-employee relationship, but is one of independent freelance publisher or onlinejob-contractors.