Terms and Conditions of Use

This website, including any subsite accessible through the Site, is published and maintained by subsidiaries, affiliates, and/or related entities of Tier 1 Entertainment Inc. referred to as “Tier One”.  By accessing and/or using these web pages of Tier One, at the URL/domain name www.tier.one (the “Site”), you, as a user of the Site, hereby accept and agree, without limitation or qualification, to abide by the “Tier One Terms and Conditions of Use” set forth below and any additional terms and conditions of use set forth in any subsite.. 

If you do not agree with any of the above, please discontinue your use of the Site.

 

RIGHT TO USE THE SITE AND ITS CONTENTS

This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Tier One grants you a non-exclusive, non- transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

OWNERSHIP

All materials on this Site, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright under Philippines copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, Tier One is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

USER-SUPPLIED MATERIAL

his website may have an area which allows you to upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful 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. Tier One is under no obligation to review and monitor any uploaded or downloaded materials from the website and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Tier One may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Tier One’s policies in any way. Tier One will fully cooperate with any law enforcement authorities or court order requesting or directing Tier One to disclose the identity of anyone posting such materials.

TIER ONE’S RIGHTS TO USER’S MATERIAL

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non- proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Tier One uses such material.

TRANSMITTED MATERIAL

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Tier One does not cause Tier One to have any special responsibility to you.

LINKS

This website may contain links to other Internet sites on the World Wide Web. Tier One provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Tier One approves of, endorses, or recommends that website. Tier One disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

CONTESTS

This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

MINOR; USERS UNDER 18 YRS OF AGE

If you are under 18, you should ask your parents or a guardian before you:

  1. E-mail the Site, or ask us to e-mail anything to you
  2. Send in any information
  3. Enter any contest or game that requires information about you or offers a prize

CHANGE ON THE TERMS AND CONDITIONS OF USE

Tier One may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Tier One may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

INDEMNIFICATION 

You agree to indemnify, defend, and hold Tier One and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Tier One’s defense of any claim. Tier One reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Tier One.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of provision will continue in effect.

EXCLUSION OF THIRD PARTY RIGHTS

These terms and conditions are for the benefit of you and us, and are not intended to benefit third parties or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions not subject to the consent of any third party.

ENTIRE AGREEMENT

 

  1. This disclaimer, together with our privacy policy, constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
  2. This disclaimer shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of the Courts of Cebu, Philippines only to the exclusion of any other courts.

DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, TIER ONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE. 

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TIER ONE’S NEGLIGENCE, SHALL TIER ONE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF TIER ONE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TIER ONE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED 5,000.00 PHP.

CONTACT US

This Website is owned and operated by TIER 1 ENTERTAINMENT INC.  Should you have any questions about these terms and conditions, please contact us sending an email at legal@tier.one

 

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Tier One and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. 

Effective on the 22nd day of October, 2020.