TERMS AND CONDITIONS
Terms and Conditions
By accessing UBX Philippines Corporation’s (UBX) website (the Website), you (also referred to herein as User, or the User) agree to be bound by the terms and conditions set forth below which shall constitute a legally binding agreement between you and UBX (the Agreement. This Agreement should be read carefully before accessing the Website. If the User does not wish to be bound by these terms and conditions, the User may choose not to access the Website.
UBX may at any time modify this Agreement, and such modifications shall be effective immediately upon its posting. The User expressly agrees to review this Agreement periodically and acknowledges that his continued access of the Website shall be deemed conclusive acceptance of the modified terms and conditions of this Agreement.
As a condition for the use of this Website, the User warrants to UBX that he will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Website is provided to individuals and is for personal use only.
User agrees to use the Website only for his personal consumption. Any unauthorized commercial use of the Website, or the resale of its services, is expressly prohibited.
User agrees to abide by all laws and regulations and is solely responsible for all acts or omissions that occur under his account including the content of his transmissions through the Website. By way of example, and not as a limitation, User agrees not to:
- use the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, or any duplicative or unsolicited messages (commercial or otherwise);
- defame, abuse, harass, stalk, threaten, otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, distribute, disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
- advertise or offer to sell or buy any goods services for any non-personal purpose.
- harvest otherwise collect information about others, including email addresses, without their consent;
- create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Website member any directory of the Website members or other User or usage information or any portion thereof other than in the context of his use of the Website as permitted under this Agreement;
- transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
- interfere with or disrupt networks connected to the Website or violate the regulations, policies, or procedures of such networks;
- attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website, through password mining or any other means;
- violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software through the Website;
- use the Website for testing, or in such manner that could disable, overburden, damage, or impair the workings of the Website or interfere with any other individual or entity’s use of the Website, including their ability to engage in real time activities through the Website;
- use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- use any device, software or routine that interferes with the proper working of the Website, or introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- engage in or attempt any cybersecurity breach or attack on the Website including, but not limited to, a denial-of-service attack or a distributed denial-of-service attack.
Use of the Website
User understands that, except for information relating to its various initiatives, UBX does not in any way operate, control, or endorse any information, products, or services on the Internet. Except for UBX’s expressly identified information, products, or services, all other information, products, and services offered throughout the Website or on the Internet generally are offered by third parties that are not affiliated with UBX. User understands that UBX cannot and does not guarantee or warrant that files available for downloading through the Website, if any, will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating destructive properties. User is responsible for implementing sufficient procedures and checkpoints to satisfy his requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. User therefore assumes total responsibility and risk for his use of the Website and the Internet. UBX does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation, warranties of title non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website, any merchandise, information, or service provided through the Website or on the Internet generally, and as such, UBX shall not be liable for any cost or damage arising either directly or any such transaction. It is solely the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the Website or on the Internet generally. UBX does not warrant that the Website will be uninterrupted or error-free or that defects in the Website will be corrected. The website and any software made available on the Website are provided on an “as is, as available” basis.
The information, services, products, and materials contained in this Website, including, without limitation, text, and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, UBX disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, UBX does not represent of warrant that the information accessible via this Website is accurate, complete or current.
User agrees to indemnify, defend, and hold harmless UBX its officers, directors, employees, agents, licensor, suppliers and any third-party information providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. Furthermore, User holds UBX free and harmless from any and all suits or actions from improper use of data, unauthorized intrusion into the site, and unlawful exposure of data.
UBX shall in no way be liable for:
- Any damages including but not limited to, direct, indirect, incidental, or consequential damages arising out of the inability to use the Website or any information, or transactions provided on the Website or downloaded or hyper-linked from or to the Website even if UBX or its representatives have been advised of the possibility of such malfunction/breakdown of the Website; or
- Any claim attributable to omissions, other inaccuracies in the Website and, or materials or information downloaded through or from the Website.
Rights of Third Parties
The provisions of USE, NON-LIABILITY and INDEMNIFICATION are for the benefit of UBX and its officers, directors, employees, agents, licensors, suppliers, and any third-party information provides to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against the User on its behalf.
User understands that it is his responsibility to evaluate the accuracy, completeness, and usefulness of any opinion, advice, services, or other information provided in this site. The information on this Website may be changed or updated without notice. UBX may also make improvements and/or changes in the products, services, and/or programs described on this Website at any time without notice.
Information provided on this Website is believed to be reliable when posted. However, UBX cannot guarantee that information will be accurate, complete, and current at all times. All information in this Website is subject to modification from time to time without notice. Every time you access this Website, make sure that you check this page.
UBX has used its discretion, best judgment, and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.), or other items provided or available herein, but any such information, document, or other item is available without any warranty of any kind, either including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.
Materials and Information
The Parties expressly agree that all ideas submitted, materials, tools, processes, concepts, and technique generated by the User using the Website and/or its services, and all information and communication posted or sent by the User in connection with UBX’s services (“Materials”) are non-confidential and non-proprietary. The User expressly agrees that if he makes use of this Website and/or UBX’s services and products to generate and/or create tools, platforms, and materials, digital or otherwise, the User gives up and relinquishes any claim and rights that he may have over such Materials, including but not limited to his proprietary and property rights, publicity rights, rights to credit for the materials, the right to approve the use by UBX, moral rights, and privacy rights. As a result, UBX shall forever be free to copy, distribute, disseminate, transfer, disclose, broadcast, incorporate, modify, or otherwise use the Materials generated by the User through the Website, or posted in the Website, or sent by User to UBX, including all things embodied in such Materials such as images, texts, sounds, arrangements, whether for commercial or non-commercial purposes, without the obligation to compensate the User.
Copyright and Intellectual Property Ownership
The Website contains intellectual property, including site design, text, graphics, interfaces, and the selection and arrangements thereof, owned by UBX, ALL RIGHTS RESERVED. The User cannot change, modify, publish, transfer, transmit, participate in the transmission or transfer for sale, create deviation works from, display, distribute, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site or content thereof in whole or in part without the prior written consent of UBX. Any process, tool, system, and similar technology that was developed through the utilization of this Website shall be under the ownership of UBX.
All trademarks, service marks, and trade names are proprietary to UBX or other respective owners that have granted UBX the right and license to such marks.
The failure of UBX to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
This Agreement shall be exclusively governed and interpreted under the laws of the Republic of the Philippines. The venue of all legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the proper courts of Pasig City to the exclusion of all other venues.
In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.