Welcome to the Pvblic Voice platform, which is owned and operated by We The Pvblic (“WTP” “we” “our” or “us”). These Terms of Service is a contract between you and We The Pvblic (“Terms of Service”). By using www.wtppv.com (the “Site”), creating your Pvblic Voice account and using the Site or our mobile applications to post various content to the Pvblic Voice community, including stories you create, comments and messages, or to access and view Pvblic Voice content or other user content (together with the Site, the “Services”), you’re agreeing to these Terms of Service. If you do not agree to any of these terms, you cannot use the Pvblic Voice Services.
You Need to be Registered
You cannot use the Services without registering for an account. To get the most out of the Pvblic Voice platform and have your articles and commentaries published, and/or access any of the Services, you will need to fill out the registration form to qualify, subject to approval of the WTP.
The Services are intended solely for persons who are 18 years old or such legal age as prescribed in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Service on your behalf.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your content and other contributions, or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notifyus of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to member data and any other information or content you provide to WTP.
Your Content is Yours
Before posting any content to Pvblic Voice platform, it is important that you read and strictly comply with our Content Guidelines. All submissions will be screened by the WTP team before publication and all submissions not deemed fit or violative of the Terms of Service and related guidelines will be rejected. Any violation may be a ground for the suspension or permanent deletion of your account, and/or legal action if demanded by the circumstances and/or we deem necessary. If your content does not comply with these guidelines it may be removed at any time.
All submissions do not necessarily reflect the stand, beliefs, or position of WTP, its editorial board, and/or any of its employees.
You own all the rights to the content you create and post on the Pvblic Voice platform. Of course, if the content was not yours to begin with, putting it on Pvblic Voice platform does not make it yours. Do not submit content you do not hold the copyright for (unless you have legal and written permission, including to grant WTP any and all the rights expressly and impliedly outlined in these Terms of Service).
When you post content to the Pvblic Voice platform, we need the legal permission under applicable copyright laws to display that content to users of the Pvblic Voice Services. Legally, this means you give us a non-exclusive license to publish your content on the Pvblic Voice Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it).
You are solely responsible for the content you post. This means you assume all risks related to its publication and display, including someone else’s reliance on its accuracy and any claims relating to intellectual property or other legal rights.
The Services are free and to continue to make it free, you understand that we enable advertising and marketing on the Services, including but not limited to the display of your content or other information. We may also use your content to promote the Services. We will never sell your content to third parties without your explicit permission.
Our Rights in the Services
We reserve all rights in the Services’ look and feel, and in our content. You may not copy or adapt any portion of our code or visual design elements (including logos and other intellectual properties) without express written permission from WTP or as set out in this clause. Please do not use our logo or trademarks in any way that might suggest Pvblic Voice platform or WTP endorses a particular product or service, or you have a business relationship with WTP and/or any of its affiliates or subsidiaries.
WTP may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. We can remove any content you post or submit for any reason. WTP may access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of WTP, the Services, its users and the public.
How We Deal with Copyright Issues
WTP, including the Pvblic Voice platform, has adopted a policy against copyright infringement on the Services in accordance with the Intellectual Property Code of the Philippines (the “IPCP”). While our policy is based on the Philippine law, we apply this same policy globally to all jurisdictions in which our Services are available. If you would like to submit a claim of copyright infringement, please visit our page and report the same. WTP reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
We sometimes come across websites that have illegally scraped content from WTP and/or the Pvblic Voice platform. When we find these sites, we do our best to have them shutdown. In order to act on behalf of our users, we need to have your legal permission to do that, so we ask for it here when you sign up. When you sign up or use/access the Services, you authorize us to act as your agent to issue and/or take down copyright infringers under the IPCP and/or any other similar legislation that allows for the submission of requests to Internet service providers and any other person involved in the illegal posting for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services.
Things You Should and Should Not Do
Millions of people use the Pvblic Voice platform. We expect all of them to behave responsibly and help keep said platform a nice place. Please review the Content Guidelines (which is part of these Terms of Service), which is designed to ensure that everyone understands what the Pvblic Voice platform and community are all about and the values we treasure, to create a safe, fun and caring environment for all users. Without restricting what’s in the Content Guidelines, don’t do any of these things on the Services:
Deleting Your Account
You can permanently delete your Pvblic Voice platform account. If you close your account, it will first be deactivated and then deleted. When your account is deactivated, while it is not viewable on Pvblic Voice platform, all of your comments and message board posts to the Pvblic Voice platform and community will remain except that they will be anonymized. For six months after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated, including re-associating your comments and message board posts to your profile. After six months, we permanently delete your account from our systems, except that your anonymized comments and message board posts will remain on the Services, unless we deem appropriate otherwise.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time and for any reason we deem appropriate. Individuals found guilty of abusing the Pvblic Voice platform will be banned from using the contributors’ platform in perpetuity. We will make reasonable efforts to notify you by the email address used upon registration.
Disclaimers, Limitations of Liability, and Indemnification
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
No warranty. Your use of our Services and any content is solely at your own risk and discretion. They are provided to you “as is” and “as available”. That means they do not come with any warranty of any kind, express or implied. WTP, especially the Pvblic Voice platform, specifically disclaims any implied warranty of legality, merchantability, merchantable quality, fitness for a particular purpose, availability, security, title or non-infringement, and any warranties implied by any course of dealing or performance.
Responsibility for Content. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, legality or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services.
All submissions do not necessarily reflect the stand, beliefs, or position of WTP, its editorial board, and/ or any of its employees.
WTP, its management and staff are not to be viewed as or included within the definition of a publisher, exhibitor, editor, or business manager under Article 360 of the Revised Penal Code, related laws punishing defamation and jurisprudence.
Release. When you sign up or use the Services, you release WTP and/or the Pvblic Voice platform from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed, contingent or otherwise — arising out of or in any way related to (a) disputes between users, or between users and any third party relating to the use of the Services and (b) the Services.
WTP’s liability to you. Pvblic Voice platform and/or WTP will not be liable to you for any damages that arise from your use of, or in connection with, the Services and any and all content. This exclusion includes but is not limited to: (a) where the Services are hacked or unavailable, (b) all types of damages (including but not limited to direct, indirect, punitive, incidental, consequential, special or exemplary), whatever the type of claim or loss (breach of contract, tort [including negligence], breach of warranty, or any other claim or loss), (c) any lost profits, data or revenues, or (d) any conduct or content of other users or third parties on the Site or the Services.
Your liability to WTP. If you do something that gets us sued, or break any of the promises you make in these Terms of Service, you shall compensate us for any liabilities, losses, claims, and expenses (including but not limited to reasonable legal fees and costs) that arise from or relate to your use or misuse of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (iii) the posting and use of your content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyright, trademark and/or other intellectual property rights; and (iv) you agree to solely pay for all royalties, fees, liabilities, and any other monies owed by reason of content you post on or through the Services.
Third party websites. The Site and Services may contain links to other websites; for instance, stories, user profiles, and other posts may link to other sites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Interaction with Members. The Pvblic Voice platform, including the Services, functions as a venue for possible connection of users in a virtual place. WTP and the Pvblic Voice platform are not directly involved in the actual interactions between users of the Services. As a result, WTP has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Services and shall have no responsibility to confirm the identity of the users as supplied by them. WTP shall also have no responsibility to confirm or verify the qualifications, background, claims, or abilities of such users of the Services. You shall at all times exercise common sense and good judgment when dealing with any user of the Services.
We make the Services available without charge. To be able to continue to do so, we display third party advertisements and promotions on or in connection with the Services. Since the advertising and promotion we provide are based upon information provided by third parties, we will not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or promotions. Your interactions with advertisers and promoters found on or through the Services, including, without limitation, all reliance upon advertising and promotion, all commercial transactions and legal obligations associated with such advertisements and promotion, are solely between you and the advertisers and/or promoters.
Changes. Our Terms of Service may change from time to time. If they do, we will let you know about any material changes, either by notifying you on the Site or by sending you an email. Please note that your continued use of the Services after any change means that you agree with, and consent to be bound by, the new Terms of Service. If you disagree with any changes in the Terms of Service and do not wish to be subject to the revised terms, you will need to close your account and/or stop using the Services.
Entire agreement. These Terms of Service (including any document incorporated by reference into them) are the whole agreement between WTP and you concerning the Services, and these Terms of Service supersede and replace any prior agreements between WTP and you regarding the Services.
No waiver and severability. If WTP does not exercise or enforce a particular right or provision under these Terms of Service, that doesn’t mean we’ve waived that right or provision. If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
Choice of law and jurisdiction. We at WTP encourage you to contact us if you are having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms of Service shall be governed by and interpreted in accordance with the laws of the Philippines. You agree without qualification that any dispute or claim arising out of or in connection with these Terms of Service will take place in the courts of Pasig City, Philippines only, to the exclusion of any other court.
Assignment. These Terms of Service are personal to you. You cannot assign them, transfer them, or sublicense them unless you get WTP’s prior written consent. WTP has the right to assign, transfer, or delegate any of its rights and obligations under these Terms of Service without notice and without your consent.