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 Summit Outdoor Media; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Summit Outdoor Media; (c) you shall not access Summit Outdoor Media in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of Summit Outdoor Media 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 Summit Outdoor Media shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Summit Outdoor Media 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 Summit Outdoor Media 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 Summit Outdoor Media or any part thereof.
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 Summit Outdoor Media are owned by Summit Media The provision of Summit Outdoor Media 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 website (“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 Outdoor 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.
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 Summit Outdoor Media 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.
SUMMIT OUTDOOR MEDIA IS 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 SUMMIT OUTDOOR MEDIA: (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 SUMMIT OUTDOOR MEDIA 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 SUMMIT OUTDOOR MEDIA 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 SUMMIT OUTDOOR MEDIA, ANY CONTENT POSTED ON OR THROUGH SUMMIT OUTDOOR MEDIA, OR CONDUCT OF ANY USERS OF SUMMIT OUTDOOR MEDIA, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON SUMMIT OUTDOOR MEDIA. YOU USE SUMMIT OUTDOOR MEDIA AT YOUR OWN RISK. SOME AREAS OF OUR WEBSITE 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 SUMMIT OUTDOOR MEDIA.
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, SUMMIT OUTDOOR MEDIA, 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 NOT APPLY TO YOU.
Third-Party Sites & Ads
Summit Outdoor Media 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 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 Summit Outdoor Media. We may (a) suspend your rights to use Summit Outdoor Media (including your User Registration) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of Summit Outdoor Media in violation of this Agreement. Upon termination of this Agreement, your User Registration and right to access and use Summit Outdoor Media 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 Summit Outdoor Media as a whole is protected by copyright and trade dress. Nothing on our website should be construed as granting, by implication, estoppel or otherwise. Any license or right to use any Intellectual Property displayed or used on our website, 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 Summit Outdoor Media 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 Summit Outdoor Media may be the Intellectual Property of their respective owners.
If you believe your copyright has been infringed, you may notify us at
Summit Outdoor Media (Main Office Address)
6/F Robinsons Cybergate Tower 3
Summit Outdoor Media (Cebu Office Address)
4/F Robinsons Barangay.,
Fuente Osmeña Circle
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.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this 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. Your relationship with Summit Media is that of an independent contractor, and neither party is an agent or partner of the other. This 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, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.