CONTENT UPLOAD POLICY
This Content Upload Policy (“Policy”) contains the terms of service applicable to submissions of data (“Submissions” or “Your Content”) to the UB website. Content may include, but is not limited to, school information or profile, school event, announcement, internal and external forms, documents, reports, memoranda, letters, photos, videos, advertisements and other related data you seek to publish to the UB website for use by UB and its licensees.
You may submit Content to the UB website only in accordance with this Policy. By accessing the UB website to submit Content, you agree to be bound by this Policy, which governs your participation in the UB website and any and all offers related to this Service.
DESCRIPTION OF SERVICE:
The Service provides functionality that allows users who are employees of UB to upload content that may include information, text, images, audio, video, and any other Content to be hosted by the UB website and to be indexed and crawled by its search technology and otherwise used by UB for public display on any property within UB’s network of properties and on UB’s syndicated third-party sites, if any, and for the public posting, viewing and sharing of Your Content with others. You, and not UB, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service. Once You submit Your Content for inclusion into the Service it will be accessible by others. If the Service provides You with the option of limiting the sharing of a particular piece of Your Content at a particular time, UB will honor the option You have selected for that piece of Your Content at that time, but any such selection shall apply only to that particular piece of Your Content and not more generally to Your Content across the Service.
1. Acceptable Use
When uploading Content to the UB website, you warrant, represent and agree that:
(a)You either own all right, title and interest in and to the Content in its entirety OR you have express written permission from the owner of the Content or any portion of it not owned by you authorizing your use of the Content, including uploading the Content to the UB website, and use of the Content by UB and its licensees. You agree to provide to UB upon request evidence of your ownership of the Content or written permission from the owner of any portion of the Content authorizing use of the owner’s Content in accordance with this Policy;
(b) Any and all Content (including but not limited to any content, materials or elements integrated into such Content) supplied by you will not infringe or violate the rights of any third parties, including but not limited to patent, copyright, trade secret, trademark, trade dress, mask work, utility design or other proprietary right of any third party or confidentiality obligations;
(c) You will not upload or use any Content that is unedited, poor picture quality, libelous, defamatory, abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable or offensive, in UB’S sole discretion;
(d) UB, through the Corporate Communications Office, may reject Content that it determines, in its sole discretion, is not primarily sound information. The Corporate Communications Office is the approving body for any and all Content submitted to the website and therefore is the final judge as to the propriety of the Content;
(e) Any and all photos submitted as Content are of good quality.
2. License, Release
You grant to UB, its affiliates, agencies, and assigns (“Releasees”) a perpetual, worldwide, irrevocable, royalty-free license to use, redact, publish, republish, copy, distribute, modify, and otherwise use your Content, including any and all intellectual property contained therein, alone or with other materials, in any medium now known or hereafter developed, without payment of compensation to you and without seeking any further approval from you or anyone else appearing in your Content. Notwithstanding the foregoing, Releasees may make nominative use of your trademarks to identify the source of your Content, By submitting the Content to the UB website, you grant Releasees permission to use the Content in any manner and in any media, throughout the world in connection with advertising, marketing and promotional materials relating to UB, its products and services, or for any other purpose.
3. Proprietary Rights:
UB is the owner or authorized licensor of the Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. You agree not to use, copy, distribute, modify, transmit, perform or make derivative works of any Service materials without the prior written consent of the owner of such materials. All rights not granted under this Policy are reserved.
4. No Warranties:
THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND UB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THECONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UBDISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UB DOESNOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UB reserves the right to modify or revise this Policy at any time without prior notice. You should visit this website periodically to review the Policyand check for updates. Your continued access of the Service after such changes will constitute your acceptance of and agreement to such changes. If YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST IMMEDIATELY CEASING TO SUBMIT CONTENT TO THE UB WEBSITE.
UB reserves the right, in its sole discretion (for any reason or for no reason) and at any time, to change, suspend or discontinue this Policy or the UB website. Upon any termination of this Policy, you will promptly cease to submit Content to the UB website.
a. General Indemnity:
You shall defend, save, hold harmless, and indemnify the UB ,and its agencies, subdivisions, officers, directors, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to your submission and licensing of Content or use of the Service in any manner that results from the negligent acts or omissions or the intentional misconduct of you.
b. Indemnity for Infringement Claims:
Without limiting the generality of section 7.a, You shall defend, indemnify, and hold UB, and its agencies, subdivisions, officers, directors, agents, and employees harmless from any and all claims, suits, actions, losses, liabilities, costs, expenses, including attorney fees, and damages arising out of or related to your submission and licensing of Content or use of the Service in any way that infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right of any third party; provided, that UB shall provide you with prompt written notice of any infringement claim.
c. Control of Defense and Settlement:
UB shall have control of the defense and settlement of any claim that is subject to sections 7.a or 7.b; however, neither you nor any attorney engaged by you shall defend the claim in the name of UB, nor purport to act as legal representative of UB, without first receiving from UB, in a form and manner determined appropriate by its AVP for Legal Affairs or its representatives, authority to act as legal counsel for UB.
8. Limitation of Liability
UB SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL UB BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY
If any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining terms and provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid.
10. Compliance with Law
You shall comply with all federal, state and local laws, regulations, executive orders and ordinances and third party rights applicable to this Policy.
11. Public records.
You acknowledge that all records of the UB, including Content on the UB website, may be subject to disclosure under the applicable Philippine Laws.