a. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Summit Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Summit Sites; (c) you shall not access the Summit Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Summit Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Summit Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Summit Sites content must be retained on all copies thereof.
b. Open Source Software. Certain items of independent, third party code may be included in our websites that are subject to open source licenses ('Open Source Software'). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your right under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
c. Site Modification. Summit Media reserves the right, at any time, to modify suspend, or discontinue the Summit Sites or any part thereof with or without notice. You agree that Summit Media will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Summit Sites or any part thereof.
User Registration and Passwords
Ownership and Feedback
a. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Summit Sites are owned by Summit Media. The provision of the Summit Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Summit Media and its suppliers reserve all rights not granted in this Agreement.
b. If you provide Summit Media any feedback or suggestions regarding the Summit Sites ('Feedback'), you hereby assign to Summit Media all rights in the Feedback and agree that Summit Media shall have the right to use such Feedback and related information in any manner it deems appropriate. Summit Media will treat any Feedback you provide to Summit Media as non-confidential and non-proprietary. You agree that you will not submit to Summit Media any information or ideas that you consider to be confidential or proprietary.
a. User Submitted Content. All information and content that a user submits to, or uses with, the Summit Sites (e.g., photos, audio, video, messages, text, files, or any other content you provide us) are collectively known as 'User Content'. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Summit Media. Because you alone are responsible for your User Content (and not Summit Media), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Summit Media is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will Summit Media be liable for any inaccuracy or defect in any User Content.
b. License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to Summit Media an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
c. Acceptable Use Policy. The following sets forth Summit Media's 'Acceptable Use Policy'. (a) You agree not to post, email, send, or otherwise make available User Content: - That is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way. - That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. - That includes personal or identifying information about another person without that person's explicit consent. - That is false, deceptive, misleading, deceitful, mis-informative, constitute 'bait and switch' or impersonation of any person or entity. - That contains your own or a third party's advertising, branding or promotional content - That is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise. - That violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. - Restrict or inhibit any other user from using and enjoying the Summit Media sites or the Summit Media services offered on them. - That includes your personal information, such as telephone number, street address, last name, URL, or email address. - That is 'cut and paste' of private messages or articles from other users which are violative of other rights. - That re-broadcasts any User Content that violates these terms; or that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b) In addition, you agree not to use the Summit Sites to: - Upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data. - Harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent. - Interfere with, disrupt, or create an undue burden on servers or networks connected to the Summit Sites or violate the regulations, policies or procedures of such networks. - Attempt to gain unauthorized access to the Summit Sites, other computer systems or networks connected to or used together with the Summit Sites, through password mining, or other means; tamper with any copyright protection and mechanisms applicable to content on any Summit Site; - Introduce software or automated agents or scripts to the Summit Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Summit Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Summit Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
d. Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Registration, and/or reporting you to law enforcement authorities. If Summit Media elects to modify User Content, Summit Media nonetheless assumes no responsibility for the User Content.
e. Other Users. Each Summit Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Summit Site users are solely between you and such user. You agree that Summit Media will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Summit Site user, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and Summit Media has no obligation to monitor or delete any such User Content.
f. Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Summit Site user.
You agree to defend, indemnify and hold Summit Media (and its officers, employees, contractors, and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, from any claim or demand made by any third party due to or arising from or related to your (a) use of the Summit Sites or any Contracts or Services you purchase through it, (b) your User Content, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations. Summit Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Summit Media. Summit Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SUMMIT SITES ARE PROVIDED 'AS-IS' AND 'AS AVAILABLE' AND WE (AND OUR SUPPLIERS AND PARTNERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. WE (AND OUR SUPPLIERS AND PARTNERS) MAKE NO WARRANTY THAT THE SUMMIT SITES: (A) WILL MEET REQUIREMENTS ; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS; SUMMIT MEDIA ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. SUMMIT MEDIA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SUMMIT SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE SUMMIT SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL SUMMIT MEDIA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SUMMIT SITES, ANY CONTENT POSTED ON OR THROUGH THE SUMMIT SITES, OR CONDUCT OF ANY USERS OF THE SUMMIT SITES, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE SUMMIT SITES. YOU USE THE SUMMIT SITES AT YOUR OWN RISK. SOME AREAS OF OUR SUMMIT SITES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH SUMMIT MEDIA OR MEMBER OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. SUMMIT MEDIA DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SUMMIT SITES.
SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS AND PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SUMMIT SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THREE THOUSAND PESOS (PHP 3,000.00) OR (B) AMOUNT YOU'VE PAID SUMMIT MEDIA IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND PARTNERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NO APPLY TO YOU.
Third Party Sites & Ads
Summit Sites may contain links to websites, services, and advertisements owned or operated by parties other than Summit Media (collectively, 'Third Party Sites & Ads'). Summit Media does not monitor or control outside websites and is not responsible for their content. Such Third Party Sites & Ads appear as reference and for convenience only and does not review, approve, warrant, endorse, or make any representations with respect to the material of the Third Party Sites & Ads. Unless expressly disclosed, otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Summit Media's inclusion of the links imply that Summit Media is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Sites & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
Term & Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Summit Sites. We may (a) suspend your rights to use the Summit Sites (including your User Registration) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Summit Sites in violation of this Agreement. Upon termination of this Agreement, your User Registration and right to access and use the Summit Sites will terminate immediately. You understand that any termination of your User Registration involves deletion of your User Content associated therewith from our live databases. Summit Media will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Registration or deletion of your User Content.
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written, and other materials that appear as part of our websites are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (collectively, 'Intellectual Property') owned, controlled or licensed by Summit Media. Our Summit Sites as a whole is protected by copyright and trade dress. Nothing on our websites should be construed as granting, by implication, estoppel or otherwise. Any license or right to use any Intellectual Property displayed or used on our websites, without the prior written permission of the Intellectual Property owner. Summit Media aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Summit Media and the Summit Sites, may not be used in any way, including in advertising or publicly pertaining to distribution of materials on our websites, or as part of a link to or from any website unless with prior, written permission and approval from Summit Media. Fair use of Summit Media's Intellectual Property requires property acknowledgement. Other product or company names mentioned in the Summit Sites may be the Intellectual Property of their respective owners.
If you believe your copyright has been infringed, you may notify us at 6F, 7F, & 8F Robinsons Cybergate Center Tower 3, Robinsons Pioneer Complex, Pioneer St. Mandaluyong City 1550 Philippines [email protected]
And provide us with the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. - Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. - Information reasonably sufficient to permit us to contact you, including an address, a telephone number, and/or an email address at which the complaining party may be contacted. - A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. - A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, post on our social network page, or by sending an email to our registered users.