TERMS OF USE – ENDERUN CONFERENCES WEBSITE

DV Tech Media Corp., a Philippine company with its principal place of business at Unit 2A, Ave Center Bldg., 1760 Dian St, Barangay Palanan, Makati City, Metro Manila 1235 (“DV Tech”) is the co-producer and operator of the website https://enderunx.com/ and such other URLs as may be designated in the future (the “Website
By using and/or visiting the Website, including any Content, Event Lectures and User Testimonies (each as defined below) available through the Websites, you assent to these terms and conditions (the “Terms of Use”) which Terms of Use include and incorporate by reference the terms and conditions of our Privacy Policy (the “Privacy Policy”). If you do not agree to any of these terms, then please do not use the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. The Website

The Website is intended to serve as an online learning environment through which registered users (“Users”) may subscribe to access the conference organized by the Enderun Colleges called Enderun Conferences and associated study materials and background materials presented by the Enderun Conferences Speakers.

2. Access to the Websites

A. DV Tech hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:

(i) you have registered as an event participant or as a new subscriber

(ii) you have entered the Enderun Conferences Pass Code or have paid fees as a new subscriber

(iii) you have set up a valid account and Profile (as defined below)

(iv) your use of the Website, as permitted, is solely for your personal, non-commercial use;

(iv) you will not copy, upload, republish or distribute any part of the Website in any medium without DV Tech’s prior written authorization;

(v) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for their intended purpose;

(vi) you will not reverse engineer, disassemble or download the content through applications or software; or hardware such as a DVR.

(vii) you will not organize an event where the videos will be shown to other people or publicly versus what it is intended for (personal viewing)

(viii) you are at least of proper age (Student, Professional); and

(ix) you will otherwise comply with Terms of Use.

B. In order to access the Website, you will have to create an account. You may never use another person’s account and you may not provide another person with the username and password to access your account.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DV Tech immediately of any breach of security or unauthorized use of your account. Although DV Tech will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DV Tech or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the DV Tech servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, DV Tech grants the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.

DV Tech reserves the right to revoke these exceptions, either generally or in specific cases, at any time without notice. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

E. The Website may contain links to third-party websites that are not owned or controlled by DV Tech. DV Tech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, DV Tech will not and cannot censor or edit the content of any third-party site which is linked to the Website. By using the Website, you expressly relieve DV Tech from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Websites and to read the terms and conditions and privacy policy of each other website that you visit.

7. Profiles, User Testimonies

A. In order to create an account, you will be required to submit certain private information which may include your name, email address, contact number, and address. Credit card details which are required to be submitted to the payment portal will be kept between the payment portal and the subscriber. Private Information may be used in our communications with you (including for marketing purposes), but will not be shared with any non-affiliated third party without your permission.

B. You shall be solely responsible for your own User Testimonies and the consequences of posting or publishing them. The information provided in the User Testimonies will not be treated as confidential and you shall not expect any information provided in the User Testimonies to be private. For the sake of clarity, do not submit any information as User Testimonies which you wish to be kept private and confidential.

D. In connection with User Testimonies, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize DV Tech and its partner, Enderun Extension, to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Testimonies to enable inclusion and use of them in the manner contemplated by the Terms of Use.

For clarity, you retain all of your ownership rights in your User Testimonies. However, by submitting the User Testimonies to DV Tech, you hereby grant DV Tech and its partner Enderun Extension, a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform User Testimonies, as well as information which is obtained from any linked website, Facebook page or Twitter feed, on the Websites and otherwise in connection with DV Tech’s (and its successors’ and assigns’) business, including without limitation for marketing purposes and promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Testimonies through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Testimonies as permitted through the functionality of the Website and under these Terms of Use.

E. Private Information may be used in a de-identified, aggregated manner by DV Tech (and its successors and assigns) in connection with its and their business, including, without limitation, for purposes of statistical and demographic analysis and for marketing and promotional purposes (as more specifically described in the Privacy Policy).

F. You understand and agree that DV Tech may, but is not obligated to, review the User Testimonies and may delete or remove (without notice) all or any portion of any User Testimonies in its sole discretion, for any reason or no reason, including User Testimonies that in the sole judgment of DV Tech violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Testimonies you post or store on the Websites or provide to DV Tech. DV Tech does not endorse any User Testimonies or any opinion, recommendation, or advice expressed therein, and DV Tech expressly disclaims any and all liability in connection with User Testimonies.

G. You understand and agree that DV Tech is not obligated to review, and is in no way responsible for, the content of Enderun Conferences Speakers, associated study materials and background materials presented by the Lecturers, or content created in connection with the participation by (including written, audio and/or video content, information, images, and other materials).

DV Tech does not endorse any Lectures or any opinion, recommendation, or advice expressed therein, and DV Tech expressly disclaims any and all liability in connection with the Lecturer’s Materials and Lectures.

H. DV Tech has carefully presented all the Lectures as online videos but it should not be held liable, whether criminal, civil or otherwise for any of the Lecturer’s Comments including, but not limited to

(i) falsehoods or misrepresentations that could damage DV Tech or any third party;

(ii) materials that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law;

(iii) post advertisements or solicitations of business;

(iv) impersonate another person or falsely state or otherwise misrepresent yourself, affiliation with any person or entity;

(vi) harvest or collect email addresses or other contact information of other Users from the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(vii) use the Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;

(viii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(ix) upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses;

(x) solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;

(xi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(xii) intimidate or harass another;

(xiii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

(xiv) use or attempt to use another’s account, service or system without authorization from DV Tech, or create a false identity on the Websites; or

(xv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of DV Tech, is objectionable or which restricts or inhibits any other person from using or enjoying the Websites, or which may expose DV Tech, the Websites or its Users to any harm or liability of any type.

I. DV Tech does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DV Tech may remove all Content, User Testimonies or Lectures if properly notified that such Content, User Testimonies or Lectures infringes on another’s intellectual property rights. DV Tech reserves the right to remove Content, User Testimonies or Lectures without notice. DV Tech may also terminate a User’s access to its Website if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had User Testimonies removed from the Website more than once. DV Tech also reserves the right to decide whether User Testimonies are appropriate and comply with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material.

DV Tech may remove such User Testimonies and/or terminate a User’s access for uploading such material in violation of the Terms of Use at any time, without prior notice and at its sole discretion.

J. In particular, if you are a copyright owner or an agent thereof and believe that any User Testimonies, Lectures or other Content infringes upon your copyrights, you may submit a notification by providing DV Tech with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, contact number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to extension@enderuncolleges.com, via regular mail to:

DV Tech Media Corp

Unit 2A, AVE Center Bldg,

1760 Dian St., Bgy. Palanan,

Makati City, M.M., Philippines

1235

K. You understand that when using the Website, DV Tech is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Lectures. You further understand and acknowledge that you may be exposed to User Testimonies and Lectures that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DV Tech with respect thereto, and agree to indemnify and hold DV Tech and the event organizer – Enderun Colleges, its successors, assigns, directors, officers, employees, affiliates, agents, Lecturers, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

8. Intellectual Property Rights

A. “Content” means all content on the Website, except for all User Testimonies and Lectures, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content and Speaker Lectures are subject to copyright and other intellectual property rights under Philippines and foreign laws and international conventions and are (i) owned by or licensed to DV Tech and Enderun Extension, (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, (iii) published on public sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case, or (iv) covered, we believe, by the Fair Use Doctrine.

B. Content, Lectures and User Testimonies from other Users on the Websites and Applications are provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DV Tech reserves all rights not expressly granted in and to the Website, the Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content, Lectures or User Testimonies from other Users other than as expressly permitted herein, including any use, copying, or distribution of User Testimonies of third parties obtained through the Websites for any commercial purposes. In no event shall any Content, Lectures or User Testimonies be used for any website, application or publication of any sort which is competitive with the Websites and Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of DV Tech and/or the Website. If you download or print a copy of the Content or User Testimonies for personal use, you must retain all copyright and other proprietary notices contained therein. 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 User Testimonies or enforce limitations on use of the Websites or the Content and User Testimonies therein.

9. Disclaimers

YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DV TECH, ENDERUN EXTENSION AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS AND TEACHING ASSISTANTS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. NEITHER DV TECH NOR ANY OF ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS MAKES ANY WARRANTIES OR REPRESENTATIONS TO YOU ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITE, INSTRUCTOR TESTIMONIES OR USER TESTIMONIES OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND SUCH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INSTRUCTOR TESTIMONIES OR USER TESTIMONIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (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 WEBSITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER TESTIMONIES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER TESTIMONIES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. DV TECH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DV TECH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL DV TECH OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CATEGORIES OF LIABILITY DESCRIBED IN SECTION 6, 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 DV TECH AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INSTRUCTORS AND/OR TEACHING ASSISTANTS SHALL NOT BE LIABLE TO YOU FOR USER TESTIMONIES, INSTRUCTOR TESTIMONIES OR CONTENT, 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.

The Websites is controlled and offered by DV Tech from its facilities in the Philippines. DV Tech makes no representations that the Websites is appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless DV Tech and Enderun Extension, its successors, assigns, affiliates, officers, directors, employees, agents, Instructors and Teaching Assistants from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the Websites;
your violation of any term of the Terms of Use ;
your violation of any third-party right, including without limitation any intellectual property, or privacy right; or
any claim that one of your User Testimonies caused damage to a third party.
12. Termination

DV Tech may terminate your membership, delete your account and any User Submission that you have posted on the Website and/or prohibit you from using or accessing the Website (or any portion, aspect or feature thereof) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Website, your obligations hereunder shall survive indefinitely.

13. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

14. Jurisdiction

The Terms of Use shall be governed by the substantive laws of the Republic of the Philippines, without respect to its conflict of laws principles. Any claim or dispute between you and DV Tech that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the Philippines. These Terms of Use, together with the Privacy Policy, the Contest Rules and any other legal notices published by DV Tech on the Website, shall constitute the entire agreement between you and DV Tech concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and DV Tech’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. DV Tech reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Websites following any amendment of the Terms of Use will signify your assent to and acceptance of the revised terms of any component thereof.

15. Breach of these terms and conditions

Without prejudice to DV Tech’s other rights under these terms and conditions, if you breach these terms and conditions in any way, DV Tech may take such actions as may be reasonable necessary to protect its rights and interest and hold you responsible for damages it may suffer including suspending your access to the website and prohibiting you from accessing the website or its content.