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B FREE DAY FAQ’s:
Q1: What is “B Free Day”?
A1 : Smart Bro has partnered with the UAAP and NCAA leagues to come up with special Limited Edition Smart Bro Prepaid Plug-Its. To officially launch these customized modems, Smart Bro is giving away ten thousand UAAP & NCAA Plug-its to High School and College students during B Free Day. Each Smart Bro Plug-it comes pre-loaded with a value of Php 100.
Aside from the free modems, there are a lot more freebies to expect! Checkout the different booths, get a back massage, sample yummy treats, listen to the hottest bands like Sponge Cola, Hale and Sandwich, have your photo or video taken, enjoy photo ops with guest celebrities, try the free games, enjoy other free entertainment, and so much more!
Q2: When and where can I avail of this FREE B?
A2 : Visit the Mega Tent along Meralco Avenue in Ortigas, Pasig City on September 19, 2009. This is located beside the Renaissance Complex, across Alexandria.
Gates open at 9AM. Registration ends at 4PM. Distribution is on a FIRST-COME, FIRST-SERVED, WHILE SUPPLIES LAST BASIS, so please come early.
This is a special ONE-DAY ONLY event.
Q3: Who are qualified to avail of the FREE Limited Edition UAAP and NCAA Smart Bro Plug-Its?
A3 :
1. Only high school & college students with a valid and original School ID belonging to any UAAP and NCAA member school
Note:
2. Must be currently enrolled during SY 2009-2010, in any of the participating UAAP and NCAA member schools (including guest schools)
List of participating schools:
UAAP
1. Adamson University
2. Ateneo de Manila University
3. De La Salle University (includes LSGH and DLSZ)
4. Far Eastern University
5. National University
6. University of the East
7. University of the Philippines
8. University of Sto . Tomas
NCAA
1. Angeles University Foundation
2. Arellano University
3. Colegio de San Juan de Letran
4. DLSU College of St. Benilde
5. Emilio Aguinaldo College
6. Jose Rizal University
7. Mapua Institute of Technology
8. San Beda College
9. San Sebastian College
10. University of Perpetual Help System
Q4: What should I bring to be able to enter the B FREE DAY event?
A4: Before going to the Mega Tent, please ensure you do the following:
- Bring your valid (original) school ID (SY 2009-2010)
- Bring an extra photocopy of your school ID (front and back portions)
- Come in your school colors
- For Ateneo students who have not yet been issued their official school ID for the current schoolyear, please bring your current, original Registration Form.
Pls note: Smart and Smart Broadband Inc, reserves the right to refuse granting free items to students who may have presented fake, tampered, or expired school IDs.
Q5: Should I wear anything specific?
A5: Aside from coming in wearing your school colors, be prepared for inclement weather. Bring a raincoat or umbrella, and be sure you wear comfortable walking shoes.
Q6: How many customized UAAP and NCAA modem can I get?
A6: If you are getting a free modem, only ONE (1) modem per person will be given.
However, if you are not qualified to get a free modem but you would like to buy one, you are allowed only a maximum of FIVE (5) modems per person.
Q7: I’m a current student enrolled in SY 2009-2010, but I lost my school ID. Can I still get a free modem?
A7: Sorry but we will only entitle those who have their CURRENT, VALID school ID with them to receive a free modem. We will retain a photocopy of your ID for our records. For Ateneo students who have not yet been issued their official school ID, please see Q4/A4.
Q8: I’m a current student, but will be unable to go to B Free Day. Can I reserve one ahead of time and claim it after the event? Can I ask my friend, parent, relative or other representative to get one for me?
A8: Sorry, but we will not accept any reservations, proxies nor any Letters of Authorization. You have to be physically present during the actual event to be able to receive a free modem.
Q9: Can I choose to get a customized UAAP/NCAA modem that is different from the school that I am currently attending?
A9: You can only avail of your own school’s customized modem.
Q10: How about elementary/graduate/post-graduate (vocational, diploma courses, Masteral or PhD) students? Can they avail the free modems too?
A10: No, they cannot avail of the Limited Edition school Plug-its for FREE. They may opt to purchase at Php 895 onsite (either Limited Edition or Regular Plug-Its). Only a maximum of five (5) Plug-its per person will be allowed for purchase that day.
Q11: What if I’m an alumni/alumnus, faculty or administration member of a UAAP/NCAA member school? May I be entitled to a free modem as well?
A11: No, but you may buy one at P895.00. Only a maximum of five (5) Plug-its per person will be allowed for purchase that day.
Q12: Who else can avail of the Limited Edition or Regular Smart Bro Plug-It at the special price of P895?
A12:
1. Those who lined up for the free modem but failed to get one because the 10,000 free modem limit had already been reached
2. Non-UAAP and NCAA school students, alumni, faculty and administration
Q13: I have an old Smart Bro modem or another modem brand. Can I trade it in for a new one?
A13: No trade-ins are accepted during B FREE Day.
Q14: I plan to buy more Limited Edition modems after the event. Can I still buy them at the price of P895.00 in any Smart Wireless Center?
A14: The discounted rate is only good for the day itself, Sept. 19, for modems bought at the MegaTent in Ortigas, from 9am to 4pm. If you plan to buy after the event, the regular selling price of the Limited Edition modem is at P1,195 each.
Q15: The Limited Edition/Regular modem I got for free/bought during the event is defective. Can I still return it for replacement?
A15: Yes, we accept replacement of modems found with inherent or factory defects within FIFTEEN CALENDAR DAYS from Sept. 19 (or until October 4, 2009) only. Just bring the defective unit, together with the complete original packaging (box, seal, manual) to any Smart Wireless Center. If you purchased the unit, please bring your Official Receipt.
Q16: Can I get my free modem through any Smart employee?
A16: Sorry, but all Smart employees are automatically disqualified from the free offer.
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Ownership of Site & Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Smart Broadband’s (the “Smart Bro”) B Free website located at www.bfree.com.ph, and all associated sites linked to www.bfree.com.ph (collectively, including all content and functionality available through the bfree.com.ph domain name, the "B Free Website" or "Website" or “Services”). It is important that you take the time to read them carefully. The Terms of Use, together form a legally binding agreement between you and Smart Bro in relation to your use of the Services. BY USING and/or VISITING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR THE SERVICES.
Smart Bro reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website or Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Smart Bro grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Proprietary Rights
Smart Bro owns and retains all proprietary rights in the Website. The Website contains copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information.
You acknowledge and agree that all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Smart Bro, 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 Smart Bro and that you shall not disclose such information without Smart Bro’s prior written consent.
Content 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 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, Website or other medium for publication or distribution or for any commercial enterprise, without Smart Bro’s express prior written consent. Unless you have agreed otherwise in writing with Smart Bro nothing in the Terms of Use gives you a right to use any of Smart Bro’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
You may use information or content (such as data sheets, knowledge base articles, and similar materials) purposely made available by Smart Bro for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Your relationship with Smart Bro’s B Free Website
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Smart Bro and any user of the Website.
License
The Website gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Smart Bro, in the manner permitted by the Terms of Use.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Smart Bro, in writing.
Unless Smart Bro has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service.
Smart Bro grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website.
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. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter and to abide by all of the terms and conditions of this Terms of Use.
Provision of the Services
The Website is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which the Website provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Smart Bro may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Smart Bro sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform the Website when you stop using the Services.
You acknowledge and agree that if Smart Bro disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while Smart Bro may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Services, such fixed upper limits may be set by Smart Bro at any time, at Smart Bro’s discretion.
Updates
The Services which you use may automatically download and install updates from time to time from the Website. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new modules, additional security features and completely new versions. You agree to receive such updates (and permit Smart Bro to deliver these to you) as part of your use of the Services.
Your Use of the Website
You agree not to alter or modify any part of the Website.
You agree that you will not incorporate any word in your name, Message ID or custom user title 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 Smart Bro.
You agree not to use the Website for any commercial use, without the prior written authorization of Smart Bro. Prohibited commercial uses include any of the following actions taken without Smart Bro's express approval:
• sale of access to the Website or its related services
• use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
• and any use of the Website or its related services that Smart Bro finds, in its sole discretion, to use Smart Bro's resources or User Submissions with the effect of competing with or displacing the market for Smart Bro, Content, or its User Submissions.
Prohibited commercial uses do not include:
• using the Embeddable Player to show B Free videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Smart Bro;
• any use that Smart Bro expressly authorizes in writing.
Smart Bro reserves the right to discontinue any aspect of the 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
Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Smart Bro reserves the right to bar any such activity.
You agree not to attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Smart Bro server, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other legitimate or illegitimate means.
You agree not to probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Smart Bro, including any B Free account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Smart Bro’s systems or networks, or any systems or networks connected to the Website or to Smart Bro.
You agree not to use any device, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. 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 Smart Bro on or through the Website or any service offered on or through the Website. 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 Website 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 Smart Bro and others.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Smart Bro on the Website for that User Submission.
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
You may access Content, User Submissions and other content only as permitted under this Agreement. Smart Bro reserves all rights not expressly granted in and to the Content and the 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 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Smart Bro is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable at your own risk, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Smart Bro with respect thereto, and agree to indemnify and hold Smart Bro, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
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 Smart Bro (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 Smart Bro or by the owners of that Content, in a separate agreement.
User Submissions and Conduct
As a B Free account holder you may textual content ("User Comments"). User Comments are referred to as "User Submissions." You understand that whether or not such User Submissions are published, Smart Bro does not guarantee any confidentiality with respect to any User Submissions.
You agree that you are solely responsible for (and that Smart Bro 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 Smart Bro may suffer) by doing so.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. 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 Smart Bro 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.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Smart Bro all of the license rights granted herein.
Smart Bro acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Use in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Smart Bro, you agree that you are responsible for protecting and enforcing those rights and that Smart Bro has no obligation to do so on your behalf. Smart Bro is not responsible for the actions of other users regarding the duplication, modification, or any other actions on your user submissions. Unless you have been expressly authorized to do so in writing by Smart Bro, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You agree not to provide any Content to B Free that infringes any third-party intellectual property or publicity/privacy rights; 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; contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and promotes piracy.
You must not upload any material that might be considered illegal or offensive, including but not limited to material of pornographic nature, nudity, sexual material, gruesome, images/movies of death or abuse, spam, unauthorized copyrighted content, material that has the effect of being interpreted as racist, sexist or inciting hate.
Smart Bro does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Smart Bro expressly disclaims any and all liability in connection with User Submissions. Smart Bro does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Smart Bro will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Smart Bro reserves the right to remove Content and User Submissions without prior notice.
Smart Bro is not responsible for any and all User Submissions. Smart Bro does not attempt to control or validate any comments or recommendations provided by the participants and is not responsible for any inaccuracies in these User Submissions. Therefore, you bear the risk associated with, the accuracy, completeness or usefulness of the User Submissions.
"Impersonation," or assuming the character of another member by copying his username and manner of writing, is not allowed.
"Flaming," or lashing out at other participants is strictly forbidden. Proper etiquette is required for participation in the Website.
"Spamming," or sending unsolicited electronic junk mail or junk newsgroup postings, in any form, is strictly forbidden.
"Trolling," or posting insulting or deliberately divisive threads/replies for the purpose of (1) harvesting retaliatory insults and flames, or (2) throwing off the balance of the forum, is also disallowed.
Material of a commercial nature is only permitted with our consent.
Please keep in mind that whenever you voluntarily disclose personal information on this Website, for example on message boards, through e-mail, or in chat areas - that information can be collected and used by others. In short, by posting personal information on the Website that is publicly accessible, you may receive unsolicited messages from other parties in return.
Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Smart Bro a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Smart Bro to display, distribute and promote the Services and may be revoked for certain Services.
You agree that this licence includes a right for Smart Bro to make such Content available to other companies, organizations or individuals with whom Smart Bro has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Smart Bro, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Smart Bro to take these actions.
You confirm and warrant to Smart Bro that you have all the rights, power and authority necessary to grant the above licence.
Content Filtering
Smart Bro reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
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 B Free 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 B Free 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 Smart Bro 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 B Free or any other user of or visitor to the Site due to someone else using your B Free ID, password or account.
You may not use anyone else’s B Free ID, password or account at any time without permission. Smart Bro 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 Smart Bro 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 Smart Bro immediately at customercare@smart.com.ph.
Although Smart Bro will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of B Free or others due to such unauthorized use.
Other Uses of Information
Smart Bro may use your server information, IP address, and browser-type related information only for the general administration of our Website.
Once we obtain your information, it is added to a database used only by Smart Bro. Smart Bro may disclose your information if Smart Bro is required to do so by law or Smart Bro in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our Website; 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).
Smart Bro collects user-submitted account information such as name, email address, and mobile number to identify users and send notifications related to the use of the Website. Smart Bro also collects user-submitted profile information such as school.
Smart Bro may share profile information and aggregate usage information in a non-personally identifiable manner to advertisers and other third parties in order to present to members more targeted advertising, products and services. In such situations Smart Bro will never disclose information that will be used to personally identify you.
Ending your relationship with BFree
The Terms of Use will continue to apply until terminated by either you or Smart Bro as set out below.
If you want to terminate your legal agreement with Smart Bro, you may do so by (a) notifying Smart Bro at any time and (b) closing your accounts for all of the Services which you use, where Smart Bro has made this option available to you. Your notice should be sent, in writing, to Smart Bro address which is set out at the end of these Terms of Use.
Smart Bro may at any time, terminate its legal agreement with you , without need of notice or approval from you if:
• (A) you have breached any provision of the Terms (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); or
• (B) Smart Bro 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 Smart Bro offered the Services to you has terminated its relationship with Smart Bro or ceased to offer the Services to you; or
• (D) the provision of the Services to you by Smart Bro is, in Smart Bro’s opinion, no longer commercially viable.
Nothing in this Section shall affect Smart Bro‘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 Smart Bro 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.
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 Smart Bro on the Services are subject to change without specific notice to you.
In consideration for Smart Bro granting you access to and use of the Services, you agree that Smart Bro may place such advertising on the Services.
Disclaimers
SMART BRO DOES NOT PROMISE THAT THE WEBSITE 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. SMART BRO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SMART BRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMART BRO 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 WEBSITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SMART BRO FOR DISSATISFACTION WITH THE WEBSITE 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 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.
Smart Bro 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 Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
IN NO EVENT SHALL SMART BRO, 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 B FREE 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT SMART BRO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Violation of These Terms of Use
Smart Bro 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 Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Smart Bro’s rights or property, or the rights or property of visitors to or users of the Website, including Smart Bro’s customers. Smart Bro reserves the right at all times to disclose any information that Smart Bro deems necessary to comply with any applicable law, regulation, legal process or governmental request. Smart Bro also may disclose your information when Smart Bro 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 Smart Bro may preserve any transmittal or communication by you with B Free through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Smart Bro 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 Smart Bro, its employees, users of or visitors to the Website, and the public.
You agree that Smart Bro may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website 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 Website. 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 Smart Bro, for which monetary damages would be inadequate, and you consent to Smart Bro obtaining any injunctive or equitable relief that Smart Bro deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Smart Bro may have at law or in equity.
You agree that Smart Bro may, in its sole discretion and without prior notice, terminate your access to the Website, 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 Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
If Smart Bro does take any legal action against you as a result of your violation of these Terms of Use, Smart Bro 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 Smart Bro. You agree that Smart Bro will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.
Changes to the Terms
Smart Bro 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 Website.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Website, 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 Makati 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 Smart Bro and you arising out of or in connection with your use of the Website, 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
The Website may be administered and operated from various locations within the Republic of the Philippines. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the Republic of the Philippines. Smart Bro 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 Website is void where prohibited. If you choose to access the Website 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 Services offered on the Website, 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 Smart Bro with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Smart Bro with respect to such use are hereby superseded and cancelled. Smart Bro will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Smart Bro failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Smart Bro of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Smart Bro 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. Smart Bro shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2008-2009 Smart Communications, Inc. All rights reserved.
Smart Communications, Inc., Ayala Ave., Makati City, Philippines
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