SUN CELLULAR WEBSITE
TERMS AND CONDITIONS
Latest publication on 18 June 2014
Welcome to the official website of Digitel Mobile Philippines, Inc. at www.suncellular.com.ph. This is owned and operated by Digitel Mobile Philippines, Inc. under its brand name Sun Cellular. In addition to its online contents and services, this website may provide users and visitors with various opportunities to submit information, contribute content and even participate in the fulfillment of various services. By using this website and its corresponding services, users accept the practices described in its Terms and Conditions. Should they not agree to these Terms and Conditions, they may opt to exit the page immediately and skip further access to it. Digitel Mobile Philippines, Inc. reserves the right to modify or amend the following terms and conditions from time to time without prior notice. The continued use of this official website and any affiliate links following the posting of changes to these terms and conditions will be taken as part of the user acceptance of the amended terms and conditions.
I. Copyright and Ownership. All contents featured and displayed on this website, including without limitation text, graphics, photographs, images of any form, sound and illustrations deemed as content, are owned by Digitel Mobile Philippines, Inc., under the assistance of its licensors, vendors, agents and/or its content providers. All elements of this website, including without limitation the general design and content, are protected by copyright, moral rights, trademark and other laws relating to Intellectual Property Rights. The services of this website may only be used for their intended and primary functions. Except as may otherwise indicated in specific documents within the website, users are authorized to view, play, print and download documents, audio and video contents found on this page only for their personal consumption and limited to non-commercial intents. Users may not modify any of these materials and must refrain from copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring or selling any information or work contained on the website unless with expressed permission from Digitel Mobile Philippines, Inc.. Except as authorized by copyright laws, users are responsible for obtaining permission before reusing any copyrighted material available on the website. For purposes of these Terms and Conditions, the use of any material on any other website or networked computer environment is prohibited. Users shall also comply with all applicable domestic and international laws, statutes, ordinances and regulations with regard to their use of the website and its services. The website, its content and corresponding rights shall remain exclusive properties of Digitel Mobile Philippines, Inc.or its license unless otherwise expressly agreed upon. Users may not remove any copyright, trademark or other propriety notices from any material found on this website.
II. Trademarks. All trademarks, service marks and trade names of Digitel Mobile Philippines, Inc., its brands and subsidiaries used herein, including but not limited to the Sun Cellular name and the Sun Cellular logo, are trademarks or registered trademarks of Digitel Mobile Philippines, Inc. and its mother company PLDT, including its subsidiaries, partners, vendors or licensors. Users may not copy, reproduce, republish, upload, post, transmit, distribute or modify these information in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written consent granted by Digitel Mobile Philippines, Inc.. This applies as well to the use of these information on any other website or network computer environment.
III. Submission Policy. Where Digitel Mobile Philippines, Inc.may specifically invite or request submissions for information or content, the company may encourage members of the public to submit user information, published content or user content (e.g. personal information, email address, testimonials, postings to forums, participation in communities, videos, photos, tips, etc.) for consideration in connection with the website and any other related programs, books and broadcasts. User submissions remain the intellectual property of the individual user unless otherwise stated. However, by submitting these contents to the Sun Cellular website, they expressly grant the company a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully-sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such information including user name, voice and/or likeness as contained in the original submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any user submission of such kind is deemed non-confidential, and Digitel Mobile Philippines, Inc.shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any of these submissions by users.
IV. Inappropriate Materials and Submissions. For applicable services, users are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the user and his/her agents to civil and criminal penalties. Digitel Mobile Philippines, Inc. will reject any submission or posting in which it believes, in its sole discretion that any of such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, the company reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the website. Users are deemed to further understand and agree that sending unsolicited e-mail advertisements to the website or any user of the website or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable "anti-spam" laws. In addition to any remedies that the company may have at law or in equity, if determined through our sole discretion that any user has violated or is likely to violate the foregoing prohibitions, Digitel Mobile Philippines, Inc.may take necessary actions to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this website. The company will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
V. Framing this Website. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without the prior written consent from the company is prohibited. Any permitted links to this website must comply with all applicable laws, rule and regulations.
VI. Third-Party Links. From time to time, this website may contain links to websites that are not owned, operated nor controlled by Digitel Mobile Philippines, Inc.. These links will be primarily intended to provide convenience to users for any related content. Once users use these links, they enter online premises outside this website. The company will not be responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that users may buy from these external websites or even for donations that they make through any of these third-party pages. Digitel Mobile Philippines, Inc. does not endorse, guarantee or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from any other website, or the products or services that users you may obtain from using any other Web sites or how any donations they may through such websites will be used. Should users decide to access any other website linked to or from this website, they are deemed to do so entirely at their own risk.
VII. Access and Interference.
Users must agree that they will not use any robot, spider, scraper or other automated means to access the website for any purpose without express written permission from Digitel Mobile Philippines, Inc.. In addition, they must agree on the following conditions:
(a) take any action that, in the sole discretion of the company, imposes, or may impose an unreasonable or disproportionately large load on its network and infrastructure;
(b) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or
(c) bypass any measures that the company may use to prevent or restrict access to the website.
VIII. Force Majeure. Neither Digitel Mobile Philippines, Inc. nor the users of this page shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
IX. Disclaimers. Users are deemed to access and make use of this website at their own risk. Information, materials and services provided on or through this website are provided "as is" without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. While Digitel Mobile Philippines, Inc.exerts its best efforts to provide the most accurate and up-to-date information, it does not warrant the accuracy or completeness of the information, materials or services provided on or through this website. Some information, materials and services provided on or through this website may be outdated, and Digitel Mobile Philippines, Inc. does not make any commitment or assume any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to local laws for any such prohibitions.
X. Limitations of Liability. Digitel Mobile Philippines, Inc. does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect the computer of users, telecommunication equipment or other property caused by or arising from access to, use of, or browsing this website, or any downloading activity made from and on this website. The company does not guarantee continuous, uninterrupted or secure access to this website or services, and operation of the website may be interfered with by numerous factors outside of its control. In no event will Digitel Mobile Philippines, Inc., or any of its officers, directors, board of trustees, employees, sponsors, shareholders, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to users or to anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any affiliate sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Users are deemed to acknowledge that Digitel Mobile Philippines, Inc.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 on the users. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to local laws for any such prohibitions. In the event of any problem with this website or any of its contents, users are free to choose the option to cease access and further use of this website.
Users agree to defend, indemnify and hold Digitel Mobile Philippines, Inc. harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with:
(a) the use of the website or the Internet or any user-initiated placement or transmission of messages and information on this website;
(b) user violation of any of these Terms and Conditions, including without limitation, breach of any of the representations and warranties above;
(c) user violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
(d) user violation of any law, rule or regulation of the Republic of the Philippines or any other country;
(e) any claim or damages that arise as a result of any user submission provided to Digitel Mobile Philippines, Inc.; or
(f) any other party's access to and use of the website bearing the unique username, password or other appropriate security code of users.
XII. Release. In the event that users encounter disputes with one or more other users of the website, Digitel Mobile Philippines, Inc. and its officers, directors, board of trustees, agents, subsidiaries, joint ventures and employees are free from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
XIII. General. Any claim relating to, and the use of, this website and the materials contained herein is governed by the laws of the Republic of the Philippines. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. Users must agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Digitel Mobile Philippines, Inc.in its sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Digitel Mobile Philippines, Inc.’s failure to act with respect to a breach by users or other page visitors does not waive the company’s right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between Digitel Mobile Philippines, Inc. and the users of this website with respect to the subject matter hereof. 7 (Access and Interference), 10 (Limitations of Liability), 11 (Indemnity), and 12 (Release) shall survive any termination or expiration of these Terms and Conditions, user access to the website or use of its corresponding services.
XIV. Entire Agreement. These Terms and Conditions are the entire agreement between the user and Digitel Mobile Philippines, Inc. and supersede any prior understandings or agreements (written or oral).
XV. Additional Assistance. Should users require further clarification and assistance in understanding any of the foregoing Terms and Conditions, they are invited to get in touch with Digitel Mobile Philippines, Inc. through the contact information provided in the Contact Us Page.
XVI. Copyright Notice. All website designs, content, graphics, text selections, arrangements and all software are Copyright © 2008, Digitel Mobile Philippines, Inc. ALL RIGHTS RESERVED.