Terms & Conditions

These Terms of Use are effective as March 1, 2015. By accessing or using the Gamer website, Gamer service, and/or any applications, and/or content made available by Globe Telecom, Inc., (together, the “Service”) at www. gamer.com.ph, and all associated sites linked to www.gamer.com.ph, including all content and functionality available on www.gamer.com.ph website (“Site”) however accessed, you agree to be bound by these Terms of Use. The Service is owned and controlled by Globe Telecom, Inc. (“Globe”). These Terms of Use affect your rights and obligations. If you do not agree with them, please do not access and/or use the Service.

Globe reserves the right, at its sole discretion, to change, modify, add or remove portions of this Terms of Use at any time without any notice. It is your responsibility to check these Terms of Use regularly for any changes. Your continued use of the Service following the implementation of such amendments will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Globe grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.


Proprietary Rights

Gamer owns and retains all proprietary rights in the Web Site. The Web site contains copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Gamer. You acknowledge and agree that all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, games, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content contained on the Service is owned, controlled or licensed by or to Globe, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You further acknowledge that the Services may contain information which is designated confidential by Globe and that you shall not disclose such information without Globe’s prior written consent. Content on the website is provided to you AS IS for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Service (and website) and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Globe’s express prior written consent. Unless you have agreed otherwise in writing with Globe, nothing in the Terms of Use gives you a right to use any of Globe‘s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.


Your relationship with Globe

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Globe.


Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.


Provision of the Services

If you are a Globe or TM subscriber, you can buy gaming e-pins from different game publishers through the website and pay via carrier billing (hereafter known as “Payment Facility”). All purchases made in the website will be charged to your bill, if you are a postpaid subscriber, or decremented from your load, if you are a prepaid subscriber, through the mobile number you used to register to the Service. While there is currently no limit to the number of purchases which may be made per account per day, Globe reserves the right to impose such limits without prior notice. You acknowledge and agree that the form and nature of the Services, and the game publishers Globe partners with may change from time to time without prior notice to you. You acknowledge and agree that Globe may permanently stop or suspend providing the Services (or any features thereof) to you or to users generally at Globe’s sole discretion, without prior notice to you, and that Globe can, for any reason and without prior notice, disable your account from accessing its Services anytime. Globe reserves the right to charge any fees (including applicable taxes) for use of Service and to change such prices anytime without prior notice. The materials on the Site with respect to products and services may be out of date, and Globe makes no commitment to update the materials on the Site with respect to such products and services.

Globe is responsible only for the billing of your purchases. Any problems related to the PINs should be raised directly to the game publishers as identified in the FAQs of this Website.


Your Use of the Site

You agree not to alter or modify any part of the website or Service. You agree that you will not incorporate any word or phrase in your name, Message ID or custom user-inputted information that is defamatory, obscene or profane, or which violates any trademark, service mark, or other proprietary/intellectual property rights of any third party, including, without limitation, that of Globe.

You agree that the mobile number you use to register and make purchases on the website is yours or, if it does not belong to you, that you have obtained the necessary consent beforehand to use it to obtain the Services.

You agree not to use the website for any commercial and FREE piracy use, without the prior written authorization of Globe. Prohibited commercial uses include any of the following actions taken without Globe’s express approval:

 

Globe reserves the right to discontinue any aspect of the Service of the Gamer Website at any time. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Globe reserves the right to bar any such activity.

You agree not to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the Service’s and/or Gamer’s server(s), or to any of the services offered on or through the Site, by hacking, password “mining” or any other legitimate or illegitimate means.

You agree not to probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Gamer, including any Gamer account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Services/Gamer’s systems or networks, or any systems or networks connected to the Site or to Gamer’s.

You agree not to use any device, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Gamer on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You agree not to use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Gamer or others.

• Sale and freely giving of access to the website or/and its related services and contents

• use of the website or/and its related services and contents for the primary purpose of, but not limited to, gaining from advertising, collecting subscriber profile bank, and earning from subscription revenue;

• and any use of the website or its related services that Globe finds, in its sole discretion, to use Globe’s resources or User Submissions with the effect of competing with or displacing the market for Gamer, Gamer content, or its User Submissions.

Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Gamer Website. You may access the Service’s Content only as permitted under this Terms of Use. Globe reserves all rights not expressly granted in and to the Gamer Content and the Gamer Website. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Gamer Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Gamer Website or the Content therein. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Gamer (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Gamer or by the owners of that Content, in a separate agreement.


User Submissions and Conduct

As a Gamer account holder you may submit contents such as “User Profile”, collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Gamer does not guarantee any confidentiality with respect to any User Submissions. You agree that you are solely responsible for (and that Gamer has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Gamer may suffer) by doing so. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Gamer to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

Unless you have agreed otherwise in writing with Globe, you agree that you are responsible for protecting and enforcing those rights and that Globe has no obligation to do so on your behalf. You agree not to provide any information to Globe/Gamer that is knowingly false, and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise violative of any law or regulation;. "Impersonation," or assuming the character or credentials of another member by copying his name and other details such as email address, is not allowed. "Spamming," or sending unsolicited electronic junk mail or junk newsgroup postings as your feedback is strictly forbidden.


Accounts, Passwords and Security

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details including setting up a Gamer ID and password) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Gamer will always be accurate, correct and up to date. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Globe/Gamer immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred and damages suffered by Gamer or any other user of or visitor to the Site due to someone else using your Gamer ID, password or account.

You may not use anyone else’s Gamer ID, password or account at any time without permission. Globe/Gamer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Accordingly, you agree that you will be solely responsible to Globe/Gamer for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Globe/Gamer immediately. Although Globe/Gamer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Globe/Gamer or others due to such unauthorized use, especially in instances wherein purchases are made and redeemed using your account.


Other uses of information

Globe may use your server information, IP address, and browser-type related information only for the general administration of the Site.

Once we obtain your information, it is added to a database used only by Globe. Globe may disclose your information if Globe is required to do so by law or Globe, in good faith, believes that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend the Site; (3) protect against misuse or unauthorized use of the Site; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions); or (5) enhance the user experience on Gamer and/or improve the quality of the use of Site.

Gamer collects user-submitted account information such as name, mobile number and email address to identify users and send push notifications related to the use of the Site and other services of Globe and its partners. Gamer also collects user-submitted and Globe network-generated profile information such as gender, age, occupation, location, etc. With the consent of customers (please see “Advertisements” section) Gamer may share profile information and aggregate usage information to advertisers and other third parties in order to present to members more targeted and relevant advertising, offers, products, and services A special registration form during contests/promos may be used for the purpose of gathering demographic information from the contest/promo participants. This information can be shared with the contest/promo sponsors depending on Gamer’s agreement with them.


Purchases & Other Terms of Use

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Gamer’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.


Ending your relationship with Gamer

The Terms of Use will continue to apply until terminated by either you or Globe/Gamer as set out below. Globe may at any time, terminate its legal agreement with you , without need of notice or approval from you if:

Nothing in this Section shall affect Globe/Gamer’s rights regarding provision of Services. When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Globe/Gamer have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

•  (A) you have breached any provision of the Terms of Use (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use); or

•  (B) Globe is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

•  (C) the partner with whom Globe/Gamer offered the Services to you has terminated its relationship with Globe/Gamer or ceased to offer the Services to you; or

•  (D) the provision of the Services to you by Globe/Gamer is, in Globe/Gamer’s opinion, no longer commercially viable.


Links to Other Sites and to the Gamer Site

This Site may contain links to other independent third-party websites ("Linked Sites"). Such Linked Sites are not under Globe/’sGamer’s control, and Globe/Gamer is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

You acknowledge and agree that Globe is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Globe is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Accordingly, we encourage you to be aware when you leave the Gamer Website and to read the terms and conditions and privacy policy of each other website that you visit.


Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Gamer on the Services are subject to change without specific notice to you. In consideration for Gamer granting you access to and use of the Services, you agree that Gamer may place such advertising on the Services and that you may receive email or SMS notifications on promos, events, services and other related services.


Disclaimers

GLOBE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GLOBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLOBE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GLOBE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GLOBE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF THE GAMER WEBSITE SHALL BE AT YOUR SOLE RISK.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Globe reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


Limitation of Liability

IN NO EVENT SHALL GLOBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GLOBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


Violation of These Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Globe/Gamer’s rights or property, or the rights or property of visitors to or users of the Site, including Gamer’s customers. Globe reserves the right at all times to disclose any information that Globe deems necessary to comply with any applicable law, regulation, legal process or governmental request. Globe also may disclose your information when Globe determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Globe may preserve any transmittal or communication by you with Globe/Gamer through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Globe determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Globe, its employees, users of or visitors to the Site, and the public. You agree that Globe may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Globe/Gamer, for which monetary damages would be inadequate, and you consent to Globe obtaining any injunctive or equitable relief that Globe deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Globe may have at law or in equity. You agree that Globe may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Globe does take any legal action against you as a result of your violation of these Terms of Use, Globe will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Globe. You agree that Globe will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.


Changes to the Terms

Globe reserves the right to modify these Terms of Use at any time and without prior notice to you. Such modified Terms of Use shall be effective when posted at the www.Gamer.com.ph website.


Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of the Philippines without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the appropriate courts of Taguig City, Philippines, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises otherwise such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Globe/Gamer and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


Void Where Prohibited

Gamer administers and operates the www.Gamer.com.ph/ Site from its location in Makati, Philippines; other Gamer sites may be administered and operated from various locations outside the Republic of the Philippines. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Republic of the Philippines. Globe/Gamer reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the territory of the Republic of the Philippines, you do so on your own initiative and you are solely responsible for complying with applicable local laws.


Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Republic of the Philippines export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Globe/Gamer with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Globe/Gamer with respect to such use are hereby superseded and cancelled. Globe/Gamer will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Globe failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Globe of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Globe and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.


Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Globe/Gamer shall be free to use such information on an unrestricted basis.

Where the context applies, Globe and Gamer are being used in these Terms of Use interchangeably.

 

 


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