These Terms of Service apply to your use of The Mall website which can be found at themall.ph. All orders and purchases made through this website are subject to the Terms of Service outlined below.
TERMS OF SERVICE
Acceptance of Terms of Service
Themall.ph is a website provided free of charge to you (the user/reader--unless otherwise indicated) by Summit Media and its subsidiaries and affiliates that utilize these Terms of Service.
"The Mall" is defined as all websites, web pages and channels owned controlled and/or operated by the Summit Media Terms of Service are posted, including but not limited to all content, applications, forms, events, products and services appearing throughout Summit Media magazine web sites. Although portions of The Mall may be viewed simply by visiting the website, and in order to access additional content like the shopping cart, My Closet, Order Forms and/or other services from The Mall, you need to sign on or register as a member of The Mall. If you register as a member of The Mall, these Terms of Service will govern your use of The Mall, including access to polls, My Closet, My Shopping Cart, and other special services that may be provided to you in connection with The Mall and other features.
By signing on to The Mall as a user/member/vendor and/or completing the registration process and selecting the "login" option, you are indicating your agreement to be bound by these terms of service as such terms may be modified from time to time. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product digital product, event or course govern your use of The Mall and all services, products, digital products and events provided in connection with The Mall, including but not limited to any service, product, digital product, events or personal website provided to you by The Mall. The Mall shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter The Mall. The Terms of Service for your continued use of The Mall will be available throughout The Mall. Please check these areas before using The Mall to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with The Mall immediately by (i) notifying The Mall of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of The Mall. Your continued use of The Mall will signify your acceptance of any change in the terms and conditions set forth herein.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of The Mall, including but not limited to all content, products, services, editorials, events, tools or applications is hereby expressly prohibited. From time to time The Mall may supplement these Terms of Service with additional terms pertaining to specific content, services, products, digital products or events ("Additional Terms"), which Additional Terms may be placed on The Mall to be viewed in connection with the specific content, services, products, digital products, applications or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
The Mall reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or your access to The Mall and/or any other service, specific content, digital products, products, or events, provided to you by The Mall upon any breach by you of these Terms of Service or otherwise.
Modifications of these Terms of Service
The Mall may modify these Terms of Service from time to time in its sole discretion. Each time you log on to The Mall, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at The Mall's discretion) to provide you notice of such changes to any e-mail address or post office address you have provided to The Mall.
Modifications of The Mall
The Mall may modify or discontinue The Mall, or any portion thereof or any service, digital product, product, event or application related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
Content of Messages
You alone are responsible for the content of your messages, and any consequence of such messages. The Mall reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines. Any use by you of any other subscriber's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The Mall is to be used by you for your personal use only. Commercial uses of The Mall are strictly prohibited unless prior written consent from The Mall has been granted. You agree that you will not use The Mall for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
You further agree not to use The Mall to send or post on message boards or any place on The Mall, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by The Mall in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, infringes intellectual property rights, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to the actual objectionable word, phrase or symbol in your post, message or otherwise on The Mall. The Mall reserves the right to delete any such material from The Mall.
The Mall will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of The Mall. You further agree not to use an inappropriate member name of any kind. You agree not to post or use The Mall to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) The Mall permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to The Mall, copy, reproduce, re-transmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on The Mall is not protected by Rights rests with you. You acknowledge that The Mall may acquire Rights to use any of the posted materials as described below, and that you will not acquire any of those Rights by downloading materials posted by another member. By submitting content, which shall include your member name, to any "public area" of The Mall, including My Outfits, My Closet, contests, and polls, you grant The Mall a royalty-free, perpetual, irrevocable, non-exclusive right (including moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. In cases of contents provided by a third person, you also warrant that the holder of Rights , including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on The Mall retains any and all Rights that may exist in such content.
Anything contained herein to the contrary notwithstanding, by submitting content to any galleries, question and answer forums, contests, or any other area on The Mall, you hereby expressly permit The Mall to identify you as the contributor of such content in any publication in any form, media, or technology now known or later developed in connection with the content, unless you otherwise notify The Mall's legal department in writing at the time you submit the content that you do not wish to be identified.
Third Party Services
You may order services or merchandise through The Mall from other persons not affiliated with The Mall ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. The Mall makes no warranties or representations whatsoever with regard to any goods or service provided by Sellers. The Mall will not be considered nor be construed as a party to such transactions nor The Mall be liable for any costs or damages arising out of or in connection with the transaction, whether or not The Mall may have received some form of revenue or other remuneration, either directly or indirectly, from you or any other person involved or related to the transaction.
The Mall may include special routing icons which may be located within The Mall, the activation of which will allow you to access and learn more about The Mall and other services provided by The Mall whereby the use of such icons is free of additional charge to you.
When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify The Mall of any unauthorized use of your registration or password.
Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on The Mall may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Summit Interactive, Level 7, Robinsons Cybergate 3, Pioneer st., Mandaluyong City, Philippines.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE MALL, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE MALL, IS AT YOUR SOLE RISK. THE MALL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE MALL MAKES NO WARRANTY THAT THE MALL WILL MEET YOUR REQUIREMENTS, OR THAT THE MALL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE MALL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MALL. THE MALL WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE MALL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MALL IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT THE MALL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE MALL. THE MALL IS NOT RESPONSIBLE FOR ANY ERROR OR OMISSION OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE MALL NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE MALL, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE MALL ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. THE MALL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE MALL, PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE MALL IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MALL OR THROUGH THE MALL, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE MALL MAKES NO WARRANTY REGARDING ANY OF THE GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE MALL OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MALL. THE MALL IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE MALL. AS A CONVENIENCE TO OUR MEMBERS, WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITE TO WHICH THE MALL MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST THE MALL WITH RESPECT TO SUCH SITES. BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, THE MALL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. THE MALL SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE MALL, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY THE MALL AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE MALL, YOU WAIVE ANY CLAIM AGAINST THE MALL FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
Limitation of Liability
THE MALL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE MALL OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY OF THE GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS ND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE MALL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF THE MALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Mall and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. The Mall makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither The Mall nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of The Mall, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of The Mall, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other rights of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without giving effect to its conflicts of laws provisions. By registering for or entering The Mall, you consent and submit to the exclusive jurisdiction and venue of the courts of the Republic of the Philippines.
Remedies for Breach of these Terms by You
In the event that The Mall determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for The Mall, The Mall reserves the right to (i) warn you via email (to any email address you have provided to The Mall) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to The Mall; (iii) discontinue your registration(s) with The Mall and/or any other The Mall community; (iv) discontinue your subscription to any digital product, product, event, content, tool or service purchased through The Mall; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which The Mall deems to be appropriate. If your registration(s) with or ability to access The Mall, any other The Mall community and/or any other service, product, content, event, tool or digital product provided to you by The Mall is discontinued by The Mall due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of The Mall, then you agree that you shall not attempt to re-register with or access The Mall, any other The Mall community and/or any other digital product, content or service provided by The Mall, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, The Mall reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. The Mall may assign its rights and obligations under these Terms of Service and upon such assignment The Mall may be relieved of any further obligation hereunder. You represent to The Mall that you have the authority to register with or visit The Mall according to these Terms of Service. The Mall does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit The Mall. These Terms of Service and any Additional Terms (as such terms shall be identified when posted on The Mall by The Mall) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of The Mall, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable. The Mall reserves the right to terminate free access to The Mall including any or all content, services, digital products, products, events, or tools with or without notice to you. The Mall reserves the right (at The Mall's discretion) to provide you with notice of such change by prominently posting a notice on The Mall and/or sending written notice to you at any e-mail and/or post office address you have provided to The Mall. Once free access is terminated, The Mall may charge each subscriber any applicable fee, surcharge and/or membership fee for access to The Mall and/or any for-pay content, services, digital products, products, events, tools or products.
The User is solely responsible for all Submitted Content that he/she uploads, posts, emails, transmits or otherwise makes available on or through the services. " Submitted Content" means User-Posted content or information of any type or medium, including but not limited to: letters, outfits, emails or other messages; ther forms of communication through the Services; personal User information; reader reviews; blogs, data, notes and testimonials; images; audio or video files; and software. The User may Post only Submitted Content which he/she owns, have created or which he/she has clear permission to Post. The User acknowledges and agrees that The Mall does not endorse any Submitted Content and is not responsible or liable for any Submitted Content, even though it may be unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. The Mall reserves the right to moderate, disapprove, and take down content that is deemed to fall under any of the aforementioned characteristics.