TERMS AND CONDITIONS
Kroma Entertainment Inc. and its affiliates (“Kroma” or “we”) provides its content on its websites that post a link to this Terms of Use (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without prior notice, so please check back from time to time. By accessing and using this Site, you agree to these Terms.
1. USE OF THE WEBSITE
You understand that, except for information relating to its various initiatives, Kroma does not in any way operate, control, or endorse any information, products, or services on the Internet. Except for Kroma Entertainment’s identified information, products, or services, all other information, products, and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Kroma.
You understand that Kroma Entertainment cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You therefore assume total responsibility and risk for your use of the Site and the Internet.
You understand that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You further understand that we have no control over and accept no responsibility whatsoever for such materials. You may access such materials at your own risk.
We do not warrant that the Site will be uninterrupted or error-free.
2. COPYRIGHTS
All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Kroma or its licensors and, to the extent applicable, is protected by international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 4 – Use of Site content. All rights not expressly granted are reserved.
2.1 TRADEMARKS
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Kroma and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to Kroma or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Kroma or its licensors.
3. ACCURACY
You understand that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any opinion, advice, services, or other information provided. Information provided on this Site is believed to be reliable when posted. The information on this Site may be changed or updated without notice. Kroma may also make improvements and/or changes in the products, services, and/or programs described on this Site at any time without notice.
Kroma has used its discretion, best judgment, and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.), or other items provided or available herein, but any such information, document, or other item is provided or available without any warranty of any kind, either express or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.
4. USE OF SITE CONTENT
Kroma hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Kroma’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without Kroma’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Kroma’s intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
5. USER POSTINGS
You acknowledge and agree that Kroma shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against Kroma for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Kroma’s use and publication of such submissions.
You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.
Kroma does not represent or endorse the accuracy or reliability of information posted to the Site by users. In addition, Kroma does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Kroma reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
6. USE OF CUSTOMER DATA
As part of our continuing relationship with you, we collect, process, use, and share your Customer Data with our subsidiaries, affiliates, partners, and third-party service providers as part of business operations and provision of products and services in accordance with this Terms of Use for the use of Kroma products and services, as may be applicable.
The Customer Data that we collect, process, use, and share are either Personal Information or Non-Personal Information:
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Personal Information is any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual, such as name, gender, date of birth, address, telephone/mobile number, email address, proof of identification, etc. It may also include location of your device whenever it is switched on, if you subscribe to and consent to using location-based services.
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Non-Personal Information is any information that does not identify you individually, and includes statistical or analytical data, and anonymized or aggregated reports.
Without limiting the generality of the foregoing, Customer Data is used to, among others:
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Provide you with your availed products and services, including customer support;
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Enhance your customer experience and determine tailored content to meet your preferences and needs;
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Communicate relevant services and/or advisories to you;
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Abide by any safety, security, public service or legal requirements and processes;
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Comply with the requirements of the law and legal process, such as a court order; to comply with a legal obligation; or to prevent imminent harm to public security, safety, or order, collectively referred to as “Data Use Purpose.”
When required by our Terms of Use and the law, and before we collect, process, use, or share your Personal Information for any other purpose other than enumerated above, we will ask for your consent.
We may outsource or contract the processing of Customer Data to third parties, such as but not limited to, vendors, service providers, partners, or other telecommunications operators, to fulfill any of the above purposes. They are only authorized to use Customer Data for such contracted purposes. We require them to protect Customer Data consistent with our Privacy Policy.
7. THIRD-PARTY WEBSITES AND PROVIDERS
We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Kroma has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
8. NOTICES OF INFRINGEMENT AND TAKEDOWN BY KROMA
Kroma prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Kroma at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Kroma will remove any posted submission that infringes the copyright or other intellectual property right of any person under Philippine law upon receipt of such a statement.
9. DISCLAIMERS
The content and functionality on the Site provided with the understanding that Kroma is not herein engaged in rendering professional advice or services to you, no Site Content is intended to serve as or shall be deemed investment, legal, tax, accounting or other regulated advice, and that you shall remain solely responsible for your use of all Site Content and acknowledge that any reliance upon the Site Content shall be entirely at your sole option and risk. All content and functionality on the Site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Kroma and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. Kroma shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the Site, or provided by third parties. Neither Kroma nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or losses or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
10. INDEMNIFICATION
You hereby indemnify, defend, and hold harmless Kroma and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Kroma Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Kroma and/or Kroma Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. Kroma reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
(c) 2021, Kroma Entertainment, Inc. ALL RIGHTS RESERVED.