We offer the Summit Sites, including all information, tools and services available here (“Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. Please read these Terms carefully before accessing or using the Summit Sites. By using, accessing or browsing the Summit Sites, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Summit Sites are not designed for use by anyone under the legal age of eighteen (18) years old (“Child”). If you are a Child, please seek the permission of your parent or legal guardian before using the Summit Sites. By accessing, creating and maintaining an account with Summit Sites, you represent and warrant that you possess the foregoing eligibility requirement. You likewise expressly authorize us to use all necessary means to verify your age and identity with any third-party providers of information.
If you are a parent or guardian and believe that your Child is using the Summit Sites without your permission, please contact us at [email protected] for termination/ suspension of your Child’s access to the Summit Sites and/or request the deletion of any information provided by your Child and indicate in the subject line “Deletion Request for Minor”. We reserve the right to ask you for verification of your relationship to the Child before we honor such a request.
a. Certain Restrictions. The rights granted to you in the 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 the functionality of the Summit Sites shall be subject to the Agreement. All copyright and other proprietary notices on any Summit Site content must be retained on all copies thereof.
b. Open Source Software. Certain items of independent, third party code may be included in our Summit Sites 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 the 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.
Personal Information, User Registration and Passwords
While adequate safeguards are implemented pursuant to the Data Privacy Act of 2012 (as may be amended), we do not give any guarantee or warranty with respect to the same. You hereby acknowledge that you provide your personal information at your own risk and you agree that the collection, storage, processing and disclosure of the information you have provided or will provide to third parties, such as, but not limited to, third party data processors, is necessary and required for the access and use of the Summit Sites and the Services.
With the creation of an account, you agree that we may send to you electronic notices or other communication regarding the Services. These types of electronic communications will be sent to the e-mail address that you provided during registration. You recognize and acknowledge that it is your sole responsibility to update us with your current e-mail address and we shall not be liable for any claim of loss or damage for your failure to receive notices. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You may stop receiving these notices and communications at any time by deactivating your account or notifying and contacting us through [email protected] with subject line “Cancellation of Account”.
1. 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 the 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 which 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.
2. 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. We are and shall be under no obligation: (a) to maintain any User Content in confidence; (b) to pay compensation for any User Content; or (c) to respond to any User Content.
3. 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 violate their rights; or
- - 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:
- - Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- - 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);
- - violate any international or local laws, regulations, rules, or ordinances; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or for any obscene or immoral purpose;
- - submit false or misleading information;
- - collect or track the personal information of others; or
- - Perform any unlawful act or purpose, or to solicit others to perform or participate in any unlawful acts.
4. 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 the 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.
5. 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.
6. 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.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service/feature descriptions, promotions, offers, or if applicable, product descriptions, pricing, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders/requests, if applicable, if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order/request).
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/agreements you enter or services you purchase through it, (b) your User Content, (c) your violation of the 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 AND OUR SERVICES THEREON 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 JURISDICTIONS 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/ 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 HAVE 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 NOT APPLY TO YOU.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Summit Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Summit Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
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. Summit Media does not review, approve, warrant, endorse, or make any representations with respect to the material of the Third Party Sites & Ads. Unless expressly disclosed by us, any sponsorship, affiliation or association with its owner, operator or sponsor, or inclusion of the links does not 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. Complaints, claims, concerns, or questions regarding Third-Party Sites & Ads should be directed to the third party.
Term & Termination
Subject to this Section, these Terms 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 the Agreement, at any time for any reason at our sole discretion, including for any use of the Summit Sites in violation of these Terms. Upon termination of the Agreement, your User Registration and right to access and use the Summit Sites will be terminated. 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 the 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 the Summit Sites 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 the Summit Sites 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
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; and
- - 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 Summit Site, post on our social network page, or by sending an email to our registered users.
The Agreement constitutes your entire agreement with us regarding your use of the Summit Sites. You (on behalf of yourself or the entity that you represent) explicitly and implicitly agree, and you represent and warrant that you have the right, authority, and capacity to enter into this agreement with us (on behalf of yourself or the entity that you represent) and to be bound by the Agreement each time you access the Summit Sites. If you do not wish to be bound, and do not agree with all of the provisions of the Agreement, please do not use or access the Summit Sites. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either you or Summit Media the agent of the other, or authorize either you or Summit Media to make or enter into any commitments for or on behalf of the other. The Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Summit Media’s prior written consent, and any attempted assignment, subcontracting, delegation, or transfer in violation of the foregoing will be null and void. The terms of the Agreement shall be binding upon assignees.
The Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Philippines. All matters, claims or disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Pasig City.
You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Summit Sites. It is your responsibility to check the Summit Sites periodically for changes. Your continued access to the Summit Sites or use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes.