Terms of Use

1. These Terms of Use apply to the use of this The Upsilon Sun website, which is owned and/or operated by the Upsilon Sigma Phi Alumni Association. These Terms of Use also apply to the various services, including all information, communications, links, software, newsletters, products, and all other materials that may be added, offered, or provided to you from time to time (the “Services”) through this site (the “Site”, which shall include the Services).

2. By accessing or using the Site, you agree to be legally bound by these Terms of Use.

3. These Terms of Use may be revised or updated from time to time. The revised or updated Terms of Use will be posted on the Site and your continued use of the Site shall be deemed and construed as your conclusive and binding acceptance of the revision or updated terms.

4. In addition, particular service(s) added, offered, or provided to you through the Site, may be subject to additional guidelines and/or rules. In such event, all such guidelines and/or rules shall be deemed incorporated in these Terms of Use by reference. THE UPSILON SUN may also offer other services that are governed by different terms of service/terms of use. Use of other services shall accordingly be subject to different terms of service/terms of use.

5. The Site and Services provide you with opportunities to link to, or otherwise use, sites and services offered through or by third party sources. Your use of these third party services is subject to terms posted by these third parties. We have no control over any third party site or service and we are not responsible for changes to any third party service or for the contents thereof, including, without limitation, links that may be contained in or accessible through such third party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third party sites or services. Our inclusion of advertisements for, or links to, a third party site or service does not constitute an endorsement.

About Our Services

6. All Services and the Site are provided on an “AS IS WHERE IS” basis. THE UPSILON SUN makes no representation or warranty, whether express or implied, to the extent permitted by law: (a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site; or (b) that the use of the Site will be uninterrupted and free of viruses or bugs.

7. In no event shall THE UPSILON SUN or any of its affiliates or related corporations be liable for any loss, injury, damage, claim, cost, or expense of any kind arising from any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, breach of contract, tort, negligence, defamation, copyright infringement, breach of intellectual property right, or any other cause of action.

Intellectual Property

8. All content and materials on the Site are the exclusive property of THE UPSILON SUN or its content suppliers, and may be downloaded or printed for your own personal and non-commercial use. In case of commercial use, the reproduction, publication, and use of the news articles shall only be made with the written consent of THE UPSILON SUN. All copyright notices on downloaded or printed material must be retained. The link to the article or photo shall be included in the content of any reprinted material. Save as specifically permitted here, you may not reproduce, distribute, republish, repost, modify, transmit, make available to the public, adapt, create a derivative work, or otherwise use or exploit any content on the Site in any way or for any purpose. In addition, you may not distribute or make available any part of the Site over any other website or any network.

9. In case any of the news articles belonging to the THE UPSILON SUN or any of its authors, reporters, news writers, or contributors are republished or used for distribution for commercial or non-commercial purposes by other media entities and or members of the media, the byline of the stories shall remain with the THE UPSILON SUN and to its authors, reporters, news writers, or contributors. All the time, proper attribution to THE UPSILON SUN or its authors, reporters, news writers, or contributors shall be observed and respected.

11. The names, trademarks, service marks, and logos (the “Trade Marks“) displayed on the Site are registered or unregistered Trade Marks of THE UPSILON SUN, its affiliates, or licensors. Nothing on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks. THE UPSILON SUN prohibits use of the Trade Marks as a “hot” link or in-link to any THE UPSILON SUN site or other site unless the establishment of such a link is approved in advance by THE UPSILON SUN in writing.

Submission of Contributions

12. THE UPSILON SUN may provide facilities on the Site to permit you to submit any contribution including but not limited to any text, graphics, video, and/or audio content, and other materials or information (“Submissions”) to THE UPSILON SUN or to the Site directly. You are solely responsible for your own Submissions, and THE UPSILON SUN only acts as a passive conduit for the online distribution and publication of your Submissions.

13. By submitting your Submissions, you agree as follows: (a) You will not include any content in your Submissions that is or could be unlawful, defamatory, offensive, obscene, dangerous, or false; or any content that is protected by copyright or other intellectual property right, without first obtaining permission of the copyright owner or rights-holder; or any content that contains viruses, bugs, or other harmful elements. (b) You hereby grant to THE UPSILON SUN a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and sub-licensable right and license to use and exercise all copyright and publicity rights you have in your Submissions in any media and for any purpose. (c) You will not assume a false identity or the identity of another user when using the Site, and you will not use the Site for unlawful or illegal activities including but not limited to spamming, harassing, or otherwise causing distress to other users.

14. THE UPSILON SUN shall have the right, but not the obligation, to monitor the Submissions contributed to the Site, including chat rooms and forums. THE UPSILON SUN shall have the right to remove or delete any material that in its sole discretion, finds to be in violation of these terms or otherwise objectionable or inappropriate without having to assign any reason therefor. In addition, THE UPSILON SUN shall have the right to terminate your use of the Site if it believes that you have violated these terms or for any other reason whatsoever, without notice to you.

Personal Data

15. Your personal data will be collected, used, disclosed, and/or processed by THE UPSILON SUN (collectively “THE UPSILON SUN ”) for the following purposes: (a) For THE UPSILON SUN or its designated representatives or business partners to provide services to you or parties designated by you and matters ancillary thereto. (b) To verify and process payment when you purchase services from THE UPSILON SUN. (c) For verification and record of your personal particulars, including comparing it with information from other sources and using the information to communicate with you. (d) For research and analysis, including surveys and polls. (e) To send you notices, information, promotions, and updates, including marketing and advertising materials in relation to THE UPSILON SUN’s services and those of third party organizations selected by THE UPSILON SUN. (f) To comply with any request from any third party or any order of court or directive from authorities investigating any alleged offense or misconduct or for the purposes of taking legal action against any you.

16. By agreeing to these Terms of Use, you consent to such: (a) THE UPSILON SUN collecting, using, disclosing, and/or processing your personal data for the purposes as described in Clause 13 above; If you have questions relating to THE UPSILON SUN’s collection, use, and disclosure of your personal data, please contact THE UPSILON SUN’s Data Protection Officer.

Venue

17. When you subscribe for any service on the Site that relates to any advertisement or other similar services, as a buyer, you hereby expressly acknowledge and agree that the Site acts as a venue only and THE UPSILON SUN is not responsible for the reliability, accuracy, or truthfulness of any information that is posted by other users.

Indemnities

18. You agree to defend and hold THE UPSILON SUN, its owner, the Upsilon Sigma Phi Alumni Association from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site or any breach of these terms. In addition, THE UPSILON SUN may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site, including informing any third party THE UPSILON SUN deems appropriate to inform of such breach or use, and/or disclosing your personal information to such third party.

Exclusion of Liability



19. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

20. Neither The Upsilon Sigma Phi Alumni Association nor any affiliated person, employee, agent, officer or director shall be liable for any loss suffered by any member or other person arising out of or in connection with the use of the Site, or any user’s participation in The Upsilon Sun, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.

Severability

21. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by THE UPSILON SUN with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive THE UPSILON SUN’s right to act with respect to subsequent or similar breaches.

Notice

22. You hereby agree and acknowledge: (a) that all electronic communications made pursuant to the use of this Site shall be given legal effect, validity, and enforceability, and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document; (b) not to contest the legally binding nature, validity, or enforceability of any transaction on the Site on the ground that it was entered into electronically.

Governing Laws

23. These terms shall be governed by the law of the Republic of the Philippines and any dispute arising out of the use of the Site shall be referred to Philippine courts.

Limitation of Liability

24. We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to the users and/or visitors. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. We reserve the sole right to unsubscribe users and/or visitors from our newsletter service, without notice.