1. Right to Use Site Content
3. Intellectual Property Rights
4. Copyright Complaints
5. Interactive Forums and Groups and Feedback
6. Merchants and Merchant Offers
8. Third Party Content and Links to Other Web Sites
11. Disclaimer of Warranties
12. Disclaimer of Damages and Limitation of Liability
14. Customer Service and Contact information
Right to Use Site Content
The Company grants you a limited, nonexclusive, revocable license for you to view, share, print, or download any Content, as defined below, from the Website for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works or other non-personal use of any Content on the Website. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Website in any way that could or is intended to damage or impair the Website, or any server or network underlying the Website, or interfere with anyone else’s use and enjoyment of the Website. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website or its any Content therein so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by the Company.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Website. You agree not to collect personally identifiable information of other users of the Website or to sell or otherwise exploit that information.
Except for the limited rights expressly granted herein, all rights, title, and interest in and to the Website and all Content contained therein are reserved and owned by the Company.
Intellectual Property Rights
The Website Content is protected by applicable intellectual property laws and all Content is owned by the Company or used by the Company under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Website), images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on the Website are subject to the intellectual property rights of the Company, its subsidiaries and affiliates, and their respective licensors and licensees (collectively “Content”). Certain features on the Website may be covered by or licensed under Philippine law. These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Website will be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Company trademark, intellectual property right or copyrighted material without the Company’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Website are Trademarks of the Company, its subsidiaries and affiliates. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or such third party that may own the Trademark. Any unauthorized commercial use of the Content will violate the Company’s intellectual property rights and will be subject to the Company’s full legal rights and remedies.
Please provide the following in your notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Website that you claim is infringing, with enough detail so that the Company may locate it on the Site;
3. A 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on that owner’s behalf;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
The Company may notify its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user’s e-mail address in its records, or by written communication sent by mail to a user’s physical address in its records. If you receive such an infringement notice you may provide counter-notification in writing to the contact information below. To be effective the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number.
Interactive Forums and Groups and Feedback
User Submissions and Conduct
As a user of the Website you may submit your comments, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Website (collectively referred to as “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant the Company all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission. You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and the Company regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials.
Ownership And Use of User Submissions
By making a User Submission you understand that you are granting the Company a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to the Company includes the right of the Company and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of the Company throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits the Company and its designees to use only certain portions of your User Submission, re-record or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by the Company or licensed from others, with your Submission. If we create other works using the User Submission those works will be owned by us and may be used in accordance with these guidelines, and will not be subject to your approval.
By making a User Submission you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission. You are also agreeing to appoint the Company as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that the Company can use the User Submission that you are licensing in any way the Company sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.
Upon request of the Company, you will execute and deliver such additional instrument of license, as may be solely deemed by the Company, reasonably necessary to establish the Company’s ability to use the User Submission as it sees fit and that “Moral Rights of Authors” are waived under these Terms and Conditions. Should the Company fail to request the said license instrument as stated, that will not be deemed a waiver of the Company’s rights and the Company may at a later time request the instrument.
Submissions or Feedback
From time to time we may ask you for your feedback on the Company’s Website and products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by the Company; (b) become the property of the Company and the Company will exclusively now and hereinafter own all rights, title and interest therein; and (c) used without restriction by the Company’s licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on the Website or otherwise. The Company will be under no obligation to respond to any such communication. Notwithstanding the foregoing, the Company maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (“Submissions”), and therefore you should not make any Submissions to the Company in any communications through the Website or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission will
immediately become the property of the Company and the Company will exclusively now and hereinafter own all rights, title and interest therein. Furthermore, the Company will be free to use any Submissions for any purpose whatsoever including, but not limited to, developing and marketing products and services. The Company will not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Company products and services.
Merchant and Merchants Offers
Merchants may provide to the Company certain discounts, rebates, or other benefits (e.g. free shipping) on the purchases of goods and services (“Offers”) that may be available on the Website. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. The Company will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant with respect to such Offers. Except as set forth herein all matters, including but not limited to delivery of goods and services, returns, and warranties, are solely and strictly between you and the applicable merchants. You acknowledge that the Company neither endorses nor warrants the merchants that are accessible through the Website or the Offers that they provide.
From time to time, We make you aware of certain Company related sweepstakes or other promotions. All such sweepstakes and promotions are subject to the official rules for such sweepstakes and promotions and all related applicable laws, regulations, and statutes.
Third-Party Content and Links to Other Web Sites
Disclaimer of Warranties
While the Company will use reasonable efforts to ensure that all material on the Website is correct; however, accuracy cannot be guaranteed and the Company does not assume any responsibility or liability for the accuracy, completeness, or authenticity of any information contained in the Website.
The Website and all content contained herein are provided to you “As is” and “As available” and all warranties, express or implied, are hereby disclaimed, including any warranty of merchantability, title/non-infringement, quality of information, or fitness for a particular purpose. No information obtained by you from the Company through the Website will create any warranty not expressly stated herein. Without limitation the Company disclaims all warranties regarding the availability of the Website, that the Website will operate error-free, that defects will be corrected or that the Website is free of viruses or other harmful components. Your use of the Website is at your own risk, any content downloaded or otherwise obtained through the Website is provided at your own risk, and you are solely responsible for any damage to your computer system or any data loss that may result from your use of the Website, including without limitation, damage resulting from computer viruses. Please note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you.
Disclaimer of Damages and Limitation of Liability
In no event will the Company or its affiliates be liable for any direct, indirect, special, punitive, exemplary, consequential, or other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, without regard to the form of action (including but not limited to contract, negligence, or other tortious actions) arising out of or in connection with your use or access of the Website or its content, even if the Company or its business partners, employees, representatives or affiliates have been advised of the possibility of such damage or loss. In no event will the Company’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, or Insert Amount (whichever is less),.for accessing or participating in any activity related to the Website. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Customer Service and Contact Information
PMI Tower, Pablo Ocampo Sr. Extension, Makati 1203, Metro Manila, Philippines
(+63) 921 290 0886
(+63) 945 729 5298