By using the website and its related services owned and operated by The Spikers' Turf ("ST") and their owner, operator, partners and affiliates you accept the terms stated in this document.
This agreement ("Agreement") is a contract between you, as user, ST, its partners and affiliates, ("ST") as the owners and operators of spikersturf.ph ("Website"), and governs your use of the website.
By using the website, you confirm that you have read and understood this agreement and agree to be bound by its Terms and Conditions.
The website is available via wireless devices. You agree that the website is for your personal use only. You agree that you shall not broadcast, stream, embed, transmit, upload to any computer or wireless device, create derivative works of, or make commercial use of the website. You shall not, or attempt to (or authorize or encourage others' attempts to) re-engineer, decrypt, circumvent, alter or interfere, in any manner, with the website.
You agree that you shall not allow unauthorized persons to use your account as identified during registration. You agree to indemnify and hold ST, their partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, harmless for any improper, unauthorized or illegal uses of your account.
ST reserve the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the website, or portions thereof, with or without notice to you.
You may use the website only in accordance with the Terms and Conditions of this agreement and any amendments, as well as any additional terms that may be presented in connection with any particular feature or function of the website from time to time. You may not use the website for any purpose that is unlawful or prohibited by law, rule or regulation, or this agreement.
You may not attempt to gain unauthorized access to the Website, its service, or computer systems or networks connected to any service through data mining, hacking, robots or any other means. You shall not use the website and its resources in any manner that could harm, immobilize, overload, or impair any Website service or interfere with any other party's use and enjoyment of any Website service, or to engage in any activity that is unlawful or prohibited by law, rule or regulation, or this agreement. We reserve the right, in our sole discretion, to terminate your access to the website, internet resources or any related services at any time, with or without cause and without notice.
There is no geographical restrictions to the use of or access to the website. Some content, materials, services and links on the website may not be appropriate or available for use in jurisdictions outside of the Philippines. Accessing any such content, materials, services or links from certain jurisdictions may be illegal and prohibited. Accessing any of the foregoing from any such jurisdiction is done so at your own initiative. ST is not responsible for your compliance with any other local applicable laws. You hereby agree that you shall not access any of the foregoing where prohibited by any law.
You agree to indemnify, defend and hold harmless ST and their agents, employees, parents, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, licensors and assigns from and against any and all liabilities, claims, actions, demands, causes of action, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising from or concerning (a) your use of the website, and (b) the breach by you of your representations and warranties set forth herein.
The website and any portion thereof may contain copyrighted and/or proprietary subject matter. Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the website, are owned by ST or their licensors, and you agree to make no claim of interest in or ownership of any such intellectual property rights. For the avoidance of doubt, your use of the website are under license. You shall not obtain any rights, express or implied, or ownership interest, in the website through this agreement, other than the rights expressly granted in this agreement.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the website are the property of ST and/or their affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
ST and/or their marketing partners may advertise products or services through the website. Your participation in any marketing activity is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You acknowledge that ST or their marketing partners shall not be responsible or liable for any loss or damage of any sort that you incur as the result of any such dealings.
ST reserve the right, at their sole discretion, at any time and from time to time to modify, alter or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice to you. You agree that ST and their affiliates, partners or licensors shall not be liable to you or to any third party for any revision, suspension or discontinuance of the website.
You agree that ST, at their sole discretion, may at any time terminate this agreement, suspend or discontinue your use of the website and/or any related service provided via the website, immediately and without prior notice and without cause.
You agree that ST shall not be liable to you or any third party for any termination of your access to the website.
The website and related services are provided "As is" and "As available" without warranty by ST or their agents, employees, parents, subsidiaries, affiliates, officers, directors, shareholders, licensors, business partners and/or suppliers (the "ST entities"), as applicable, and, to the maximum extent allowed by applicable law, ST and their entities, as applicable, expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of noninfringement of third party rights. You acknowledge and agree that ST shall have no liability to you, or to any third party, for any modification, suspension, discontinuance or termination of the service, or any part thereof.
You understand and acknowledge that your use of the website are at your own sole risk. You will be solely responsible for any damage to your mobile device, or loss of data, that may result from your use or download. You will not hold ST, and/or their entities, as applicable, responsible for any damages that result from your accessing the website, including, but not limited to, any infections or contaminations of your devices that you use to access the same. Under no circumstances shall ST, and/or their entities, as applicable, be liable for any unauthorized use of the website. Under no circumstances shall ST and/or their entities, as applicable, be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the website, even if ST and/or their entities, as applicable, have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
ST and/or their entities, as applicable expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ST and/or their entities, as applicable makes no warranties that the website will meet your requirements, or that your access to the website will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you from any person or through the website shall create any warranty not expressly made herein. You may not rely on any such information or advice. ST and their entities, as applicable, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the website with respect to performance, accuracy, reliability, security capability, currentness or otherwise. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, ST, and/or their entities as applicable, shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed $100. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
This agreement constitutes the entire, complete and exclusive agreement between you, ST regarding the website and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this agreement.
You agree that the terms of this agreement are severable. If any part of this agreement is held invalid or unenforceable, that term or provision will not affect the remainder of this agreement, the remaining portions shall remain in full force and effect. This agreement will be deemed amended to the extent necessary to make this agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
Except as otherwise set forth herein, your rights under this agreement are not assignable or transferable. You agree not to copy, distribute, sell or resell the website or any portion thereof.
The remedies of ST under this agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of ST, at any time or from time to time, to require performance of any of your obligations hereunder shall not affect its right to enforce any term of this agreement at a subsequent time.
You acknowledge that any unauthorized use of the website would result in irreversible injury to ST and/or their affiliates or licensors for which money damages would be inadequate, and in such event ST, their affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that ST, their affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
This agreement shall be governed by the laws of the Republic of the Philippines. Any legal action or proceeding arising under this agreement will be brought in the courts located in Makati city, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. User expressly agrees that any and all dispute relating to or arising out of this agreement, shall be subject to the exclusive jurisdiction of the appropriate courts of Makati city, Philippines. User hereby expressly consents to the exercise of personal jurisdiction by the courts of Makati city, Philippines.
This agreement and any other terms or documents referred to herein represent your entire agreement with ST with respect to your use of the website. You understand and agree that, except as expressly set forth herein, this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ST's failure to pursue any available claim or defense pursuant to this agreement will not be a waiver of such claim or defense. The headings used in this agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
ST may from time to time amend, supplement or modify the terms of this agreement. Your continued use of the website constitutes your agreement to be bound by this agreement, as well as all amendments, supplements, or modification thereto as posted here.