Authorized Use and Registration. Anyone can access the CREATEPhilippines website (“Website”) and use some of its services, such as browsing and searching, without having a Website account (“Account”). However, an Account is needed to use some features. With an Account, one may upload and access content and more.

Only natural persons with legal capacity to contract may use and create an Account. Applications to Website Accounts are subject to review and approval of the Center for International Trade, Missions and Expositions (“CITEM”). Individuals with successful Account applications shall have the status of a Website Registered User (“User”). If a:

1. parent or legal guardian of a minor creates an Account on behalf of a minor, such parent or legal guardian shall be subject to these Terms and responsible for the said minor’s activity on the Website.
2. User is using the Website on behalf of a company or organization, the User represents that he/she has the authority to act on behalf of that entity, and that such entity accepts these Terms.

Uploading Content. Users may upload content to the Website, including without limiting, videos, audio, graphics, photos, text, branding and other materials (collectively “Content”). CITEM shall have full authority to view, review and determine whether the Content may be published or be made publicly available in the Website. CITEM is under no obligation to host or serve the Content.

Users are legally responsible for Content submitted / uploaded to the Website. By uploading Content, a User expressly represents and warrants that he/she:

1. has full right, ownership and authority over the Content;
2. exclusively owns or controls all copyright in and to the any work or works embodied in the Content; and/or
3. has secured and/or possesses all other rights, permits, and authorizations relative to and/or arising from the Content.

CITEM may use automated systems that analyze Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Grant of Rights. Users retain ownership rights of Content. However, by uploading and providing Content, Users grant to:

1. CITEM and/or the Website: a non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with CITEM’s functions and activities, including for the purpose of promoting the Website
2. Other Users: a worldwide, non-exclusive, royalty-free license to access your Content through the Website, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Website (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a User to make use of Content independent of the Website.

The licenses granted by Users continue for a commercially reasonable period of time after a User removes or deletes Content from the Website. Notwithstanding the foregoing, Users agree that CITEM may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted.

Removing Content. Users may remove Content from the Website at any time. Users must remove Content if he/she no longer has the rights required by these Terms. If CITEM reasonably believes that any Content is in breach of these Terms or may cause harm to the Website, other Users, or third parties, or is in violation of or tends to violate national or local laws, rules, regulations and policies, CITEM may, at its sole discretion, remove or take down that Content. CITEM may notify Users with the reason for its action unless it reasonably believes that to do so would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for CITEM; compromise an investigation or the integrity or operation of the Website; and/or cause harm to any User or third party.

Permissions and Restrictions. Users shall not:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use another User’s Content except: (a) as expressly authorized by the Content owner; or (b) with prior written permission from CITEM;
2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Website or attempt to do any of these things, including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Website or Content;
3. access the Website using any automated means such as robots, botnets or scrapers;
4. collect or harvest any information that might identify a person unless permitted by that person;
5. use the Website to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
6. cause or encourage any inaccurate measurements of genuine user engagement with the Website, including by paying people or providing them with incentives to manipulate metrics in any manner;
7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
8. run contests on or through the Website and/or use the Website to sell any advertising, sponsorships, or promotions placed on, around, or within the Website or Content, other than those allowed by CITEM; or
9. perform any act or acts similar to the foregoing.

Reservation. Registering with and using the Website does not give Users ownership of or rights to any aspect of the Website, including user names or any other Content posted by other Users or the Website.

Changes to the Website. CITEM is constantly changing and improving the Website. It may also need to alter or discontinue the Website, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of its systems. These changes may affect all Users, some Users or even an individual User. Whenever reasonably possible, CITEM will provide notice when it discontinues or makes material changes to the Website that will have an adverse impact on the use of the Website. However, Users acknowledge and agree that there will be times when CITEM makes such changes without notice, such as in cases when CITEM needs to take immediate action to improve the security and operability of the Website, prevent abuse, or comply with legal requirements.

Warranty / Disclaimer. CITEM does not make any specific commitment or warranty on the Website or any Content, including without limiting, warranties on Content provided through the Website, the specific features of the Website, or its accuracy, reliability, availability, or ability to meet a User’s needs or that any Content submitted will be accessible on the Website.

Limitation of Liability. Except as required by applicable law, CITEM, its officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:

1. Errors, mistakes, or inaccuracies on the Website;
2. Personal injury or property damage resulting from User use of the Website;
3. Any unauthorized access to or use of the Website;
4. Any interruption or cessation of the Website;
5. Any viruses or malicious code transmitted to or through the Website by any User or third party;
6. Any content whether submitted by a User or any other third Party or CITEM, including User’s use of Content; and/or
7. The removal or unavailability of Content.

This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.

Indemnity. To the extent permitted by applicable law, Users agree to defend, indemnify and hold harmless CITEM, its officers, directors, employees and agents, 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:

1. use of and access to the Website;
2. User violation of any of these Terms;
3. User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or
4. any claim that Content caused damage to a third party.

This defense and indemnification obligation will survive a User’s use of the Website.

Third-party links. The Website may contain links to third-party websites and online services that are not owned or controlled by CITEM. CITEM has no control over, and assumes no responsibility for, such websites and online services. Be aware when leaving the Website; CITEM suggests reading the Terms and privacy policy of each third-party website and online service visited.

Modifying these Terms. CITEM may modify these Terms to reflect changes to the Website, services or for legal, regulatory, or security reasons. CITEM may provide reasonable advance notice of any material modifications to these Terms and the opportunity to review them, except that modifications addressing newly available features of the Website or modifications made for legal reasons may be effective immediately, without notice. Modifications to these Terms will only apply moving forward. Users that do not agree to the modified Terms should remove any Content and discontinue use of the Website.

IF YOU SEE ANY CONTENT OR OBSERVE BEHAVIOR THAT YOU BELIEVE DOES NOT COMPLY WITH THESE TERMS, PLEASE REPORT TO [email protected].