The following websites including but not limited to www.pba.ph and pba.ph.com and PBA The APP application regardless of the platforms, are collectively and individually properties of Philippine Basketball Association and are interchangeably referred to as “the Company”, or “We” or “Us” or “Our”. The terms “PBA Website” and “PBA The APP”, the domain name www.pba.ph,or www.pba.com.ph, our mobile and socialnetwork applications and any other trademarks, servicemarks, signs, tradenames and/or domain names used by Us are intellectual property of the Company and We reserve all rights to such properties.
Your use of our website and applications is subject at all times to these Terms of Service and constitute Your acceptance of all of Our Terms of Service. These Terms of Service shall be a legally binding Contract/Agreement between You and the Company, which at all times shall govern Your use of Our Services and services provided by Our 3rd party service providers. The effective date of this Contract/Agreement shall be the date of Your first visit to our website or creating an account on Our website and/or applications, whichever occurs first. You hereby acknowledge that by using Our Services and/or Our Sites, You agree to be bound by these Terms of Service.
Our website and/or applications contain information and links to other websites, which may be related or unrelated to Our core business. These links are intended for individuals of legal age to view such material as determined by the local and national laws of Your place of residence. If You are not of legal age and/or have logged in to this website or use our applications from any country, where this type of material is specifically prohibited by applicable laws, do not enter and/or continue using Our website.
Your use of Our websites and application or any of the information, links, products and/or services offered on these websites (collectively, the “Services”) is subject to these Terms of Service (“Terms”). At Our sole discretion, we may change the Terms and operation of Our website (“Site”) at anytime with or without notice to You. By using this Site and/or any of Our Services, You agree to Our Terms, including any modifications We make, and further waive any rights or claims You may have against Us.
Our Site and or applications contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, which each of those sites may have posted. We have no control over sites, which are not Ours, and We are not responsible for any of their content or for any changes to their content. Our inclusion on Our Sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
Some of the Services offered on Our Site and the products and services offered by third party content and/or service providers may be subject to additional posted conditions. The usage of such services is subject to those conditions, which are included into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall prevail.
3. ONLINE CONTENT
The content available through Our Site is the sole property of the Company or its advertisers, suppliers or licensors. All material published on Our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws (both local and international as applicable). Content owned by advertisers, suppliers or licensors may be subject to additional restrictions. You, therefore, agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the Site to anyone without Our express prior written consent.
You may be exposed to content that You find offensive, or objectionable or that is inaccurate, and You bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in Our sole discretion, violate these Terms or that is otherwise objectionable.
4. DECLARATIONS ON ONLINE CONDUCT & USAGE
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world (both local and international) must be obeyed online as well. We adhere to a zero tolerance policy for illegal and abusive behavior on the Our Sites. You must also obey state, local and federal laws, or foreign or international law where applicable. Ignorance of the law is never a valid excuse. We will implement due course of action if needed and cooperate with law enforcement for illegal and even questionable behavior.
You agree that You will be personally responsible for Your use of the Our Site or applications and for all of Your communication and activities, including any content You contribute, and that You agree to indemnify, and to hold Us harmless, Our affiliates, employees/consultants, officers, and directors from any liability or damages arising from Your conduct, including any content that You contribute.
By using Our Site and/or applications, You agree under penalty of perjury and/or applicable terms as determined by applicable laws, to the following statements:
I declare that I am of legal age, and may view material discussed above, in accordance with the laws in my place of domicile.
Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else for my own or otherwise any commercial use.
I believe I have the unalienable right to read and/or view any type of material I choose.
I am aware of the standards of my local community with respect to the materials offered on this Site and/or applications; I am familiar with the materials offered by this Site and/or applications; and I represent, warrant and certify that my viewing and use of the links, information, and materials on this Site and/or applications do not violate any standard or law that applies to me. In the event that a law that applies to me comes into affect that would prevent me from viewing material on this Site and/or applications or play the game, I agree to no longer access this Site and/or applications.
I recognize that this Site and/or applications have no control over the content of websites, which are listed or linked on it and that it takes no responsibility for the content of those other sites.
5. AS-IS & WARRANTIES
We and our advertisers, suppliers and licensors provide Our Site, game, applications and services on an “as is” and “as provided” basis, without any warranty or condition of any kind, express or implied, and specifically disclaim any implied warranties of non-infringement, title, merchantability, fitness for a particular purpose and availability of the site or services. We make no representation that the site and/or services will be uninterrupted or error, bug or virus free and shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties, access delays, any interruption and/or data delivery, non-delivery, missed delivery, corruption, destruction, or events beyond our reasonable control. Malfunction voids all pays and plays.
6. LIMITS OF LIABILITY
Without limiting the foregoing, we shall not be liable to you or for any indirect, incidental, consequential, exemplary, special, or punitive damages or lost or imputed profits or royalties arising out of your use of our site or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. You hereby waive any claim that these exclusions deprive you of an adequate remedy. To the maximum extent permitted by law, in no event shall our liability exceed one hundred Ten Thousand Filipino Pesos (PHP10,000) or it’s equivalent in applicable local rate.
You acknowledge that third party product and service providers may advertise their products and services on our site and that we may form partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s products or services, nor will we be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against us with respect to third party products and services, to the maximum extent permitted by law.
7. LAW, VENUE & JURSDICTION
Use of Our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit Our right to comply with governmental, court, and law-enforcement requests or requirements relating to Your use of Our Sites. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Our Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms shall be construed in accordance with the laws of the Republic of Philippines, and You irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in Manila.
8. USE OF THE WEBSITE BY YOU
We may collect personally identifiable information from all users including users under the age of twelve (12) years. Such users are expressly prohibited from submitting their personally identifiable information to Us, and from using portions of the Website for which registration is required, such as Our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by Us.
Unless otherwise specified, Our Site and or applications are intended for Your personal use only. You may not authorize others to use Our Site and or applications using your credentials, and You are responsible for all use of Our Site and or applications by You and by those You allow to use, or provide access to. You may not impersonate, imitate or pretend to be somebody else when using Our Site and or applications.
You may not provide to or post on or through Our Site and or applications any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers.
You may not repeat the same posting multiple times in a day or week.
You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through Our Site and or applications any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using Our Site.
You further agree not to use any sexually suggestive language or to provide to or post on or through Our Site and or applications any graphics, text, photographs, images, video, audio or other material that is sexually suggestive or appeals to a prurient interest.”
You may not provide to or post on or through Our Site and or applications any graphics, text, photographs, images, video, audio or other material that invades anyone’s privacy, or facilitates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use Our Site only for lawful purposes and You acknowledge that Your failure to do so may subject You to civil and criminal liability.
You agree not to provide to or post on or through Our Site and or applications any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material You provide to or post on Our Site, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
Our Site and or applications may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for Your use (“Assets”). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, We, and Our licensors, grant to You the limited, non-exclusive, right and license to use the Assets solely as described on Our Site, as limited by this Agreement, and provided further that You keep intact any and all copyright and other proprietary notices.
Our Site and or applications also contain other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Us or our licensors and is not clearly identified as, or intended, for Your use, including without limitation the organization, design, compilation, and “look and feel” of Our Site and or applications, and advertising thereon (“Site Content”). Our Site Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of the company or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by You, directly or indirectly, of any such Site Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through Our Site, including without limitation the Assets or Site Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, the Company or the Site. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with Our Site and or applications or their associated software, hardware and/or servers in any way, and You agree not to impede or interfere with others’ use of Our Site and or applications.
Other than connecting to Our servers by http requests using a web browser, You may not attempt to gain access to Our servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using Our Site or otherwise.
You acknowledge that We have not reviewed and do not endorse the content of all sites linked to from Our Site and are not responsible for the content or actions of any other sites linked to from Our Site. Your linking to any service or site is at Your sole risk.
9. COMMENTS BY OTHERS ARE NOT ENDORSED BY US
We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in Our Site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent Our views or the views of Our third party service providers. You agree that We and Our third party service providers are not responsible, and shall have no liability to You, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
10. USE OF MATERIAL SUPPLIED BY YOU
11. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and We ask You to do the same. We may, in appropriate circumstances and at Our discretion, suspend or terminate the access of and take other action against You, other users, subscribers, registrants and account holders who infringe the copyright rights of others. If You believe that Your work has been copied and is accessible on Our Site in a way that constitutes copyright infringement, or that Our Site contains links or other references to another online location that contains material or activity that infringes Your copyright rights, You may notify Us by providing the following information to Our copyright agent set forth below:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. Identification of the material that is claimed to be infringing or to be the 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;
4. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. 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
6. 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
12. MERCHANDISE SOLD ON OR THROUGH THE WEBSITE
Neither We, nor Our third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through Our Site. Transactions for any such item shall be between You and the third party seller, distributor, or manufacturer without any involvement of Us or Our third party service providers. You agree that We and Our third party service providers are not responsible, and shall have no liability to You, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through Our Site and or applications, including illegal, offensive or illicit items, even items that violate this Agreement.
You agree to indemnify Us and our affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from Your submissions, from Your unauthorized use of material obtained through the Website and or applications, or from Your breach of this Agreement, or from any such acts through Your use of Our Site.
14. EDITING AND DELETIONS
We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on Our Site or Our bulletin boards, in Our sole discretion, without notice.
15. ADDITIONAL RULES
We reserve the right to post, from time to time, additional rules of usage that apply to specific parts of Our Site and or applications. Such additional rules will be posted in the relevant parts of Our Site and or applications. Your continued use of Our Site and or applications constitutes Your agreement to comply with these additional rules.
16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
You acknowledge that you are using our Site and or applications at your own risk. Our Site and or applications are provided “as is”, and We, our affiliates and Our third party service providers hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by Our Site and or applications.
We, our affiliates and Our third party service providers shall not be liable to You or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement, the providing of Our Site and or applications hereunder, the sale or purchase of any goods or merchandise, Your access to or inability to access Our Site and or applications, including for viruses alleged to have been obtained from Our Site and or applications, Your use of or reliance on Our Site and or applications or any of the merchandise, information or materials available on Our Site and or applications, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to You. You may also have other rights that vary from jurisdiction to jurisdiction.
You hereby agree to release Us, Our affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with Your use of Our Site.
17. TERMINATION OR SUSPENSION
We reserve the right to terminate and/or suspend Your ability to access Our Site and or applications or any portion thereof, for any or no reason, without notice.
18. CONTESTS & SWEEPSTAKES
We will periodically have contests and sweepstakes. These activities are exclusively sponsored by Us. Official rules for these contests and sweepstakes may be found on our website and or applications. Apple, Google, Amazon and Facebook are not a sponsor or involved in these activities in any manner.
19. CONTACT US
If you have any questions, comments and or concerns, please use the “Contact Us” page and/or feature on our website and/or applications.