Terms of Service

By using this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Click Music Portal Philippines Incorporated’s relationship with you in relation to this website. These Terms of Service apply to our website located at www.clickmusic.com.ph, and all associated sites linked to www.clickmusic.com.ph (collectively, including all content and functionality available through the clickmusic.com.ph domain name). If you disagree with any part of these Terms of Service, please do not use our website.

The term Click Music Portal Philippines Incorporated or ‘our’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 1365 E. Rodriguez Sr. Ave, Cubao, Quezon City. Our company SEC registration number is CN201013647 and TIN 007-857-286. The term ‘you’ refers to the user or viewer of our website.

General Provisions

1. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
2. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. We have no responsibility for the content of the linked website(s).
3. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us.
4. When you access these third-party sites, do so at your own risk. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of the Philippines.
5. We have the right to modify, correct and expand the agreement without prior notice. If you do not agree with the alterations made, you must end your membership in our website.
6. This agreement shall remain in full force and effect while you use our website.
7. All legal relationships between the parties of this agreement and other entities are regulated by this agreement and corresponding rules of current legislation in the Republic of the Philippines.

Registration and Site Access

1. Upon registration, you fully take on the conditions of the given agreement and are obliged to follow the rules of our website.
2. You agree that you will not incorporate any word in your name, Message ID or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other proprietary/intellectual property rights of any third party, including, without limitation, that of us.
3. We reserve the right to restrict, suspend, or terminate your access to all parts of our website at any time, for any reason, without prior notice, and without liability.
4. All registration information you submit is truthful and accurate.
5. You will maintain the accuracy of such information.
6. Your use of our website must not violate any law(s) and/or regulation(s) in the Republic of the Philippines.
7. When you register your account, you will be asked to input your password. Your password is for your own use only.
8. You agree not to use the account of another registered user at any time.
9. You must notify us of any unauthorized use of your account.
10. You are solely responsible for any and all use of your account.
11. You have the right to cancel your membership. All virtual currency in your account will be forfeited.
12. Registration in our website is free. Do not engage in transactions with 3rd party agents that offer paid services in exchange for registration in our website.
13. Your account is not for sale and is intended for your personal use only.
14. You may not use the website or its related services for the primary purpose of gaining advertising or subscription revenue.
15. You cannot and may not permit anyone else to copy, modify, create a derivative, reverse engineer, decompile or otherwise attempt to extract the source code of our website or any part thereof, unless permitted or required by law, or unless you have a written permission from us.
16. We reserve the right to charge any fees (including applicable taxes) for use of our website and may make changes to any products or service offered on our website, or to the applicable prices for any such products or services, at any time, without prior notice.
17. You agree not to use our website or its contents for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes our rights or others.
18. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the website or the specific service.

Ability to Accept Terms

1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. If you are under 18 years of age, seek the guidance of a parent or guardian prior to usage of our website. By using our website, you represent and warrant that you have the right, authority, and capacity to enter and to abide by all of the terms and conditions of these Terms of Service.

Pricing

1. We reserve the right to make changes to prices without prior notice.
2. Price changes may take place while you are adding items to your cart. In such cases, the effective price at the time of checkout will be used to calculate your order amount.
3. Prices indicated are inclusive of VAT and other taxes.

Terms of Sale

1. All your purchases from our website will be deducted from your account balance.
2. You have the right to request for a refund/replacement for any technical product defects, as determined and approved by Click Music Philippines. Relevant information may be required.
3. You may download your purchased product(s) within 48.00 hours. Facilities to download the products will no longer be available after the specified period.
4. Email info-support@clickmusic.com.ph for purchase and download related problems.

Use of Content

1. Any content from the website such as downloaded music must be used for personal, non-commercial use only.
2. Any reproduction, redistribution, transmission, display, sale, broadcast, public performance, rental, modification, sharing or other use of the content provided through the website is expressly prohibited without the prior written consent of the copyright owner.

Advertisements

1. Some of our services are supported by advertising revenue and may display advertisements and promotions.
2. Our manner and extent of advertising on the website are subject to change without prior notice.

Privacy

1. Use of our website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Copyright

If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on our website;
4. Your address, telephone number, and email address;
5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. Our copyright agent can be emailed at info-suppport@clickmusic.com.ph.

Prohibited Activities

The following is a partial list of the kind of activities that are illegal or prohibited on our website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activities include, but are not limited to:

1. Copyright Infringement, patent infringement, or theft of trade secrets.
2. Hacking in any form.
3. Any automated use of the system, such as using scripts to transact in our website.
4. Interfering with, disrupting or creating an undue burden on our website and connected services.
5. Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account.
6. Using any information obtained from our website in order to harass, abuse, or harm another person.
7. Using our website in a manner inconsistent with any and all applicable laws and regulations in the Republic of the Philippines.

Disclaimers

1. We will not guarantee that our website or its contents or any other features will be error-free or uninterrupted, or that any defects will be corrected immediately, or that your use of our website will produce specific results.
2. The website and its contents are delivered on an “AS-IS” and “AS-AVAILABLE” basis.
3. We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our website.
4. We will not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of our services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with our services.
5. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of our website, from any content posted on or through our website, or from the conduct of any user whether online or offline. We cannot guarantee and do not promise any specific results from use of our website.
6. This limitation of relief is a part of the bargain between the parties. You agree that your use of our website shall be at your sole risk.
7. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

IN NO EVENT SHALL CLICK MUSIC PORTAL PHILIPPINES INCORPORATED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Violation

1. We may disclose all information we have about you if we determine that such an action is necessary with any investigation or complaint regarding your use of our website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights and/or properties, or the rights and/or properties of other users of our website.
2. We reserve the right to disclose all information necessary for us to comply with any applicable laws, permits, regulations, legal process or governmental request.
3. You agree that we may preserve and/or disclose any communication between you and us through our website, email or any other means, if such preservation and/or disclosure is necessary to (1) comply with legal processes, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect our rights and properties and safety of our employees, users of or visitors to the Site, and the public.
4. We may in our sole discretion and without prior notice, terminate your present and future access to our website if we have determined that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of our website.
5. You agree that we may, in our sole discretion and without prior notice, terminate your access to our website, for cause, which includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
6. If we do not take any legal action against you as a result of your violation of these Terms of Service, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to our website as a result of any violation of these Terms of Service.

Law and Dispute Resolution

1. You agree that all matters relating to your access and use of our website, including all disputes, will be governed by the laws of the Republic of the Philippines without regard to its conflicts of law provisions.
2. Claims under these Terms of Service must be brought within one (1) year after the cause of action arises otherwise such claim or cause of action is barred.
3. Events of dispute between you and us that has risen through your use of our website must be resolved promptly and in good faith.
4. If disputes are unresolved within thirty (30) days, either party may submit the said disputes to mediation.
5. If mediation is not enough to resolve such disputes, each party shall have the right to pursue any available remedy under applicable law.

Void Where Prohibited

1. Our website is accessible worldwide but not all of the features, products and services discussed, referenced, provided and offered through or on our website are accessible by any individual outside the Republic of the Philippines.
2. We reserve the right to limit any products and services to a specific geographical area.
3. All products and services made on our website are void where prohibited.
4. You must comply with applicable local laws if you are accessing our website from outside the Republic of the Philippines.