SPOT.ph - Membership Agreement Terms
Welcome to SPOT.ph! SPOT.ph is owned and operated by Summit Media (Summit) with office at 6th Floor Robinsons Cybergate Tower 3, Robinsons Pioneer Complex, Pioneer St., Mandaluyong City 1550, Philippines.
By using this site, you indicate your acceptance of this Terms and Conditions. If you do not agree to this Terms and Conditions, you have no right or license to access this site and you should not do so.
Summit reserves the right, in its sole discretion, to change, modify or otherwise update this Terms and Conditions at any time, or to impose new conditions. Such changes, modifications, updates or additions shall be effective 10 days after posting of the revised agreement on this Site. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.
Summit reserves the right to refuse entry or membership to any individual with no explanation being required or given. Summit may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature or content. Summit may also impose limits on certain features and services or restrict User access to the whole or parts of this site without notice or liability.
USE OF MATERIALS FOUND IN THIS SITE: INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Summit or the party credited as the provider of the material. The entire contents of SPOT.ph are also copyrighted as a collective work under the Intellectual Property Code of the Philippines, and the selection, coordination, arrangement and enhancement of such content is owned or licensed by Summit and/or its licensors. The User agrees to abide by all copyright notices and other restrictions contained in any material accessed through this site. All Content is made available to the User for personal, non-commercial use and may be stored on a computer only for such use. The User acknowledges that he/she does not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. The contents of this site are protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of Summit.
The User is solely responsible for all Submitted Content that he/she uploads, posts, emails, transmits or otherwise makes available on or through the services. " Submitted Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; reader reviews; blogs, data, notes and testimonials; images; audio or video files; and software. The User may Post only Submitted Content which he/she owns, have created or which he/she has clear permission to Post. The User acknowledges and agrees that Summit does not endorse any Submitted Content and is not responsible or liable for any Submitted Content, even though it may be unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another.
By registering, accepting this Terms & Conditions, and uploading Submitted Content, the User represents and warrants to Summit the following: (a) the User is at least 18 years of age, (b) all of the information provided by the User to Summit to enroll and participate in the Forums is correct and current; (c) the User holds and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to enter into this Agreement and to grant the rights granted herein; (d) the User is the creator of the Submitted Content he/she uploads to this Site (or is specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (e) the User has made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) the User has the legal right and authority to agree to, perform the acts required of the User, and to grant the rights and licenses described in this Terms & Conditions.
NO ENDORSEMENT OF SUBMITTED CONTENT
Summit does not endorse any Submitted User Content, as such Summit does not guarantee the accuracy, integrity or quality of any such Submitted Content. While the administrators and moderators of SPOT.ph will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore the User acknowledges that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.
APPROPRIATE SUBMITTED CONTENT
The User agrees not use language or post any material which is obscene, indecent, offensive, vulgar, slanderous, hateful, threatening, or abusive or that may otherwise be objectionable or inappropriate or that may violate any applicable laws. Summit reserves the right to delete or change inappropriate use of language or materials posted without prior notice and/or to immediately and permanently ban any User from using the SPOT.ph site. The IP address of all posts is recorded to aid in enforcing these conditions. The User agrees that the webmaster, administrator and moderators of SPOT.ph have the right to remove, edit, move or close any topic/picture at any time should they see fit.
By submitting any User Content through or to the Services, the User hereby irrevocably grants to Summit, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such Submitted Content (in whole or in part) and to incorporate the Submitted Content into other works in any format or medium now known or later developed. The User agrees that the foregoing grant of rights by the User to Summit and its affiliates is provided without any entitlement to payment of fees or consideration.
THIRD PARTY COMMENTS
The User understand that the comments of others displayed in connection with his/her Submitted Content ("Third Party Comments"), may be disparaging, defamatory, embarrassing, or otherwise be of an unfavorable nature and may expose the User to public ridicule, humiliation or condemnation. Summit expressly disclaims any liability for any Third Party Comments. The User acknowledges and agrees that Summit shall have the right (a) to include any Third Party Comments on the Site and in any and all forms of advertising, promotion, and publicity for the Site and/or the Submitted Content, and (b) to broadcast and otherwise exploit the Submitted Content with or without Third Party Comments in any manner, and in any media, whether now existing or hereafter developed.
The User acknowledges that certain areas on this website contain mature content and may expose the User to contents that he/she may find offensive, indecent or objectionable. By using the site, the User assumes all risks associated with its use. Summit encourages parents to supervise their children's use of the services and maintain open communication regarding appropriate materials for use and viewing by their children.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between the User and Summit in connection with the User's access and use of this Site. Summit may, in its sole discretion, terminate or suspend access to all or part of this Site for any reason, including, without limitation, failure to comply with any of this Terms & Conditions. In the event of termination, the User is no longer authorized to access or use this Site, and the restrictions imposed on the User with respect to materials downloaded from this Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
The materials in this site and all downloadable software are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Summit and any other party involved in creating, producing, or delivering this site disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to this web site and any affiliated web site with which it is linked. Summit does not warrant or make any representations regarding the correctness, accuracy, or reliability of the materials, information, opinion or advice provided in or from this site. Summit does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
The User agrees to protect and fully compensate Summit from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from the User's use of this site, or violation of this Terms and Conditions by the User or any other user of his/her account (whether or not authorized).
Summit has a policy of responding to notices of alleged infringement which may include removing material claimed to be the subject of infringing activity. If Summit removes material in response to such notice, Summit will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification. Please note that one may be held liable for damages (including costs and attorneys' fees) if he/she materially misrepresents that a product or activity is infringing his/her copyrights.
To file a notice of infringement, the informant/claimant must provide Summit with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work believed to have been infringed.
- Detailed identification of the material that is claimed to infringe the copyrighted work.
- Information reasonably sufficient to permit Summit to contact the informant/claimant (e-mail address is preferred).
- The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." - signature.
Send the Infringement Notification to the following address:
The provider of affected content may make a counter notification. When Summit receives a counter notification, Summit will reinstate, upon proper verification of information, the material in question. Please note that one may be held liable for damages (including costs and attorneys' fees) if he/she materially misrepresents that a product or activity is not infringing the copyrights of others.
To file a counter notification, the User must provide Summit with a written notice that includes each of the following items:
- Detailed identification of the material Summit has removed.
- Name, address, telephone number, e-mail address.
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Send the Counter Notification to the following address:
This agreement shall be governed by, construed and enforced in accordance with the laws of the Philippines, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the Philippines, in which case the latter shall govern. The User agrees that any action at law arising out of or relating to these terms shall be filed only in the Courts of Pasig City and the User hereby consents and submits to the jurisdiction of such courts for the purposes of litigating any such action.