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General This agreement ("Agreement") describes the terms and conditions applicable to your use of our services on the web sites available under the domain www.pinoysoccer.com. If you do not or can not agree with any part of the following terms and conditions, you may not use the Site or any of the services provided on the Site. “PS Works,” “We,” “us,” and “our” refer to PS Works Interactive Media. “You” and “your” refers to the user or viewer of the Site. 1. Content Ownership Unless otherwise noted on the Site, all media available at the Site, including without limitation all information, audio, video, data, logo, online services, games, text, animation and graphics (“Content”) is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights of their respective owners. The marks appearing on this website, including but not limited to: PINOYSOCCER and the PINOYSOCCER Logo are trademarks and/or service marks of PS Works. PS Works, on behalf of itself, and its third-party Content provider, expressly reserves all intellectual property rights in all Content accessible through the Site. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of your registration with PS Works, your use of the Site or any third party in exchange for the ability to access any particular Content. 2. Permissible Use PS Works maintains the Site for your personal entertainment and enjoyment, and all use of the Site is for private, noncommercial viewing and use only. Through the Site, PS Works and third-party Content providers make their Content available to PS Works users, including you, subject to certain written and/or electronic restrictions which may limit your access to or use of the Content on a title-by-title basis (e.g., time and geographic restrictions). PS Works grants you a non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, private, non-commercial purposes in accordance with these Terms and Conditions of Use, provided that you maintain all copyright, trademark and other proprietary notices contained therein. If you violate any of the Terms and Conditions of Use, your permission to access and use the Site automatically terminates. You may not: access, use, reproduce, display, distribute, transmit, perform, modify, create derivative works or compilations from, sell or otherwise exploit, in whole or in part, any of the Content available through the Site, except as you are expressly authorized to do so by the legal owner of the particular Content; use the Site or Content so as to violate any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations or omissions; use the Site in connection with any effort by you to defeat any copyright management information or any technological measures that control access to a copyrighted work; access data not intended for you or log onto a server or an account that you are not authorized to access; interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site or its users, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” 'mirror' or frame any content contained on or through this Site by any means; remove, decompile, disassemble or reverse engineer any Site software; use any robot, spider, other automatic device or process to monitor or copy any portion of this Site or any Content; probe, scan or test the vulnerability of the Site or to breach security or authentication measures; use the Site for the purpose of gathering information for or transmitting unsolicited email, including promotions and/or advertising of products or services; 3. Submissions to PS Works All remarks, suggestions, ideas or other information communicated by you to PS Works will become the property of PS Works. We will not be required to treat any such submission as confidential or subject to a proprietary interest owned by you or any other person who may have contributed to the submission. PS Works shall not be liable for the use of any ideas submitted by you or for any similarities that may appear in our future products, services, advertising or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere. We will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to you or any other person who contributed to the submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. 4. Third Party Content You agree that PS Works Content providers, and not PS Works, are entirely responsible for all Content and any other information (e.g., titles and descriptions) that such Content providers make available through the Site. You also agree that, to the extent PS Works post any information on the Site, those users, and not PS Works, are entirely responsible for all information posted by them. PS Works does not and has no obligation to control Content or other information made available by anyone other that PS Works itself and, as such, does not guarantee the accuracy, integrity or quality of such Content or information. PS Works shall not be liable in any way for any Content or other information made available by anyone other than PS Works itself, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error or omission. Content provided by third parties may be accessible via links from the Site. You understand that the information and opinions expressed by third parties are those of the respective third party alone and not PS Works. PS Works shall not be liable for any mistakes, misrepresentations, omissions, error, inaccuracy, defamation, harassment, opinions expressed, libel, slander, omission, falsehood, obscenity, pornography, profanity or invasion of privacy by third parties. 5. Service Restrictions We reserve the right to refuse service, including registration, subscription or any transactions, to anyone for any reason or no reason. You agree that PS Works, in its sole discretion and without advance notice to you, may terminate, suspend or otherwise place restrictions on your account, password or use of the Site, for any reason or no reason. You agree that PS Works will not be liable to you or any third party for any refusal of service, suspension, termination or other restriction of your access to or use of the Site or any third party’s access to or use of the Site. 6. Modification or Interruption of Service PS Works reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without advance notice to you. You agree that PS Works will not be liable to you or to any third party for any modification of the Site or any interruption of the availability of the Site, regardless of reason or duration. 7. Links to Third Party Sites Inclusion of links from our Site to any third party website does not imply our approval or endorsement of the linked website. If you decide to leave our Site and access the third-party sites, you do so at your own risk. PS Works is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that PS Works will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such sites. 8. Private Information To sign up for the PS Works service and engage in transactions through the Site, you may be required to register and/or create a personal account. We reserve the right, and you authorize us, to use and assign all information about you in any manner consistent with the applicable U.S. data protection legislation. 9. Children PS Works does not sell products or services for purchase by children. In order to register for the PS Works service, you must be at least 18 years of age. No information may be submitted to us by persons under the age of 18 without the consent of a parent or legal guardian, nor may persons under the age of 18 undertake transactions or take other legal acts on this site without such consent, unless permitted by applicable law. 10. Indemnification You agree to indemnify, defend and hold PS Works, its distribution partners and content providers, and their partners, agents, distributors, promoters, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this agreement or use of the Site. 11. No Warranty THE SITE AND ALL CONTENT IS PROVIDED TO YOU ON AN "AS-IS" BASIS, AND NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY PS WORKS, ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS AND/OR THEIR PARTNERS, AGENTS, DISTRIBUTORS AND PROMOTERS REGARDING THE SITE, SERVICE, CONTENT OR YOUR USE OR VIEWING THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE AVAILABILITY, ACCURACY, VIDEO OR AUDIO QUALITY AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. 12. Limitation of Liability NEITHER PS WORKS NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THE AFOREMENTIONED ENTITIES), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT WILL THE AGGREGATE, CUMULATIVE LIABILITY OF PS WORKS, ITS DISTRIBUTION PARTNERS AND CONTENT PROVIDERS AND THEIR DISTRIBUTORS, PRMOTERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO PS WORKS. 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 THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE UNABLE FOREVER BARRED. NEITHER PS WORKS NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ANY OF ITS OBLIGATIONS AS CONTAINED HEREIN DUE, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY OTHER EVENT BEYOND THE CONTROL OF PS WORKS OR THE AFOREMENTIONED ENTITIES. NEITHER PS WORKS NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING THE SITE OR CONTENT. 13. Changes to the Terms of Use PS Works reserves the right to modify these Terms of Use at its sole discretion and without advance notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions of Use as modified. Any modifications to the Terms and Conditions of Use shall become effective immediately upon their posting on the Site. These Terms of Use may not be otherwise amended except in a writing signed by you and PS Works. If you do not or cannot agree to the Terms of Use at any time, your only option is to cease all use of and access to the Site. 14. Governing Law This agreement will be governed by the laws of the United States of America. You agree that any dispute arising out of this agreement or your use of the Site will be heard only in the ordinary courts located in the state of Nevada in the United States of America, and you hereby consent and submit to the personal jurisdiction of such courts. You agree that any actual or threatened breach of this agreement by you could result in irreparable harm to PS Works and, accordingly that PS Works shall be entitled to immediate injunctive relief, including a temporary restraining order and/or preliminary injunction without the necessity of a bond or other undertaking, to restrain such breach or threatened breach. Neither PS Works, nor its distribution partners or content providers or their distributors, partners, agents or promoters make any representation that this website is appropriate or available for use in locations outside of the United States of America, and accessing it from territories where the Site or Content is illegal or prohibited. If you use this Site from any location outside the United States of America, you are responsible for compliance with all applicable local laws." 15. General We do not guarantee continuous, uninterrupted or secure access to service, and operation of the Site may be interfered with by numerous factors outside our control. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that we have the right to assign this agreement and all incorporated agreements in our sole discretion. Headings in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 16. Attribution And Notices Associated Press. ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. Reuter's content is the intellectual property of Reuters or its third-party content providers. Any copying, republication, or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors, delays in content, or for any actions taken in reliance thereon. Reuters and the Reuters Group are registered trademarks of the Reuters group of companies around the world. For additional information on other Reuters Services please visit the Reuters public Web site - http://www.reuters.com. |
