Terms of Use

I.     ACCEPTANCE OF TERMS

1.1 Welcome to http://esports.com.ph (“Website”). These terms govern your use of the Website provided by our organization Philippine eSports Organization (“PeSO”). By accessing and using this Website, you agree that you have read, understood, and accepted the following terms and conditions (“Terms” or “Terms of Use”), including any additional terms and conditions and any policies referenced herein, available on the Website. If you do not agree with the Terms, please do not use the Website.

II.    USE OF WEBSITE

2.1 ELIGIBILITY FOR USAGE OF WEBSITE – The Website may be used by individuals and/or legal entities. Users of the Website below the age of eighteen (18) must obtain consent from a parent or legal guardian, who agrees to take responsibility for the user’s actions and any charges associated with the use of the Website and/or the purchase of goods and services.

2.2 PERMITTED/LAWFUL USE – You are permitted to use the Website for your personal and non-commercial use. You may not use the Website for any illegal or unauthorized purposes. 

2.3 WEBSITE USE GUIDELINES – You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes, but is not limited to:

2.3.1 Transmitting any unlawful, threatening, defamatory, obscene, or otherwise objectionable content.

2.3.2 Engaging in any conduct that could disable, overburden, or impair the proper functioning of the Website.

2.3.3 Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.

2.3.4 Using the Website to distribute unsolicited commercial messages (“spam”).

2.3.5 Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.

2.3.6 Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

2.4 PENALTY FOR IMPERMISSIBLE CONDUCT/ABUSE AND TERMINATION CLAUSE – PeSO reserves the right to terminate or suspend your access to the Website without notice and for any reason, including, but not limited to, breach of these Terms of Use, impermissible conduct or abuse as defined above, or any illegal actions under the Laws of the Republic of the Philippines.

2.5 USE OF COOKIES – PeSO’s Website uses cookies to enhance its user’s experience. By using this Website, you agree to our use of cookies in accordance with PeSO’s Data Privacy Policy.

III.     AMENDMENTS

3.1 PeSO reserves the right to change or modify these Terms at any time without prior notice. By continuing to use the Website following the posting of amended Terms, you will be deemed to have agreed to the amended Terms by your continued use of the Website following the date on which the amended Terms are posted.

IV.     USER SUBMISSIONS

4.1 Any material, information, or ideas that you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Website for any purpose, including, but not limited to, developing, manufacturing, and marketing products. By submitting any content to the Website, you grant PeSO a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide.

V.      MEMBERSHIP APPLICATION & ACCOUNT REGISTRATION

5.1 To access certain features of the Website, you may be required to create an account. You agree to:

5.1.1 Provide accurate, current, and complete information during the registration process.

5.1.2 Maintain and promptly update your account information.

5.1.3 Keep your password confidential and secure.

5.1.4 Notify us immediately of any unauthorized use of your account.

5.2 You are responsible for all activities that occur under your account, and you agree not to sell, transfer, or assign your account or any account rights.

5.3 PeSO is not liable for any unauthorized use of your account, except in cases of fraud or abuse not caused by you.

VI.    USER RESPONSIBILITIES

6.1 You must provide accurate, complete, and truthful information when placing your personal information on the Website. PeSO is not liable for any issues or matters arising from incorrect or incomplete information provided by you.

VII.   RESTRICTIONS

7.1 Users of the Website are expected to adhere to certain standards of conduct. The following activities are strictly prohibited:

7.1.1 Unlawful Purposes – Using the Website for any illegal activities, including but not limited to activities that violate local, national, or international laws and regulations.

7.1.2 Intellectual Property Infringement – Posting or transmitting any content that infringes on the intellectual property rights of others. This includes but is not limited to, copyrighted material, trademarks, patents, trade secrets, or any other proprietary information without the permission of the owner.

7.1.3 Defamatory or Abusive Content – Posting or transmitting content that is defamatory, libelous, harassing, threatening, or abusive.

7.1.4 Obscene or Offensive Content – Posting or transmitting content that is obscene, offensive, or otherwise inappropriate.

7.1.5 Spam and Unsolicited Communications – Engaging in spamming, phishing, or other forms of unsolicited communications.

7.1.6 Misrepresentation – Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

7.1.7 Hacking and Security Breaches – Attempting to interfere with the operation of the Website, including hacking, introducing viruses, malware, or any other harmful code.

7.1.8 Data Mining and Harvesting – Using automated means, such as bots, crawlers, or scrapers, to collect information from the Website.

7.2 PeSO reserves the right to monitor the Website for compliance with these Terms of Use. We also reserve the right to remove any content that does not conform to these Terms, at our sole discretion, and to take any necessary actions, including but not limited to terminating your access to the Website, if you engage in any of the prohibited activities outlined above.

7.3 By using the Website, you agree to comply with all applicable laws and regulations and to respect the rights and dignity of others. Failure to adhere to these guidelines may result in the suspension or termination of your access to the Website and possible legal action.

VIII.   INTELLECTUAL PROPERTY

8.1 All content on this Website, including text, graphics, logos, images, software trademarks, logos, images, and service marks displayed on the Website is the intellectual property of PeSO or third parties who have authorized their use. You may not reproduce, distribute, modify, or create derivative works of any content without the prior written consent of PeSO. Any unauthorized use of these intellectual property is prohibited.

IX.     LIMITATION OF LIABILITY

9.1 PeSO provides the Website on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free operation of the Website. 

9.2 In no event shall PeSO be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of this Website. This includes, but is not limited to, any damages for loss of profits, business interruption, or loss of data.

X.     DATA PRIVACY POLICY

10.1 Your use of the Website is also governed by PeSO’s Privacy Policy. Please review PeSO’s Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. By using this Website, you agree to the terms of the Privacy Policy. You specifically consent to PeSO and its affiliates collecting, using, processing, and disclosing your personal data in accordance with our Privacy Policy.

10.2 Except when ordered by the Courts, the Bureau of Internal Revenue, or by regulators, including but not limited to the Securities and Exchange Commission, or where the subject information is already in the public domain, PeSO, and its affiliates shall not disclose and shall keep in strict confidence the Personal Information of its users.

10.3 PeSO keeps user’s Personal Information in its business records, as may be applicable, while you are a user, or as long as it is necessary to fulfill the purpose for which it was collected, or while it is needed by us for business, tax, or legal purposes. When disposing of your Personal Information, we take reasonable measures to ensure that it is done properly and is not accessible to the public.

XI.   INDEMNIFICATION

11.1 You agree to indemnify, defend, and hold harmless PeSO and its affiliates, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses or any third-party claims including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website.

XII.   THIRD-PARTY LINKS

12.1 PeSO’s Website may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. PeSO does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. PeSO accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

XIII.   DISCLAIMER OF WARRANTIES AND TERMINATION

13.1 This Website is provided “as is” and “as available,” without any representations or warranties of any kind, either express or implied. PeSO’s Website makes no representations or warranties about the accuracy, completeness, or suitability of the information and materials found on this Website.

13.2 PeSO reserves the right to terminate or suspend your account and access to the Platforms at its sole discretion if PeSO reasonably believes that:

13.2.1 User committed any of the Restrictions stated in Section 7 of this Terms of Use; 

13.2.2 Someone other than you is using your PeSO account; or 

13.2.3 Where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in an activity or conduct which PeSO deems in our sole discretion to be an abuse of the Website.

XIV.   GOVERNING LAW

14.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law principles. 

14.2 Any dispute on the interpretation or implementation of the Terms of Use shall be settled amicably by the Parties within thirty (30) calendar days from the occurrence of the dispute. In case there is a failure to settle the disputes amicably, any suit or case arising from the dispute shall be submitted exclusively to the proper courts of Pasig City for settlement, to the exclusion of all other courts.

XV.   SEVERABILITY

15.1 If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.