USER AGREEMENT

Last Updated: 9 January 2023

Kroma Entertainment Inc. (“We”) operates the Complex Philippines (“Complex PH”) as a free online service to its readers (“You”). By accessing and using Complex PH, you agree to the following terms and conditions (“Terms”). We may periodically change the Terms without prior notice, so please check back from time to time. Your continuous use of Complex PH following the posting of the changes in the Terms shall be deemed acceptance by You of the changes to which You agree to be bound.

1. USE OF THE COMPLEX PH’s WEBSITE

You understand that, except for information relating to its various initiatives, Complex PH does not in any way operate, control, or endorse any information, products, or services on the internet. Except for specific identified products or services by Complex PH, products, or services, all other information, products, and services offered through the Complex PH’s Website (“Site”) or on the internet generally are offered by third parties that are not affiliated with Complex PH.

You understand that Complex PH cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You therefore assume total responsibility and risk for your use of the Site and the Internet.

You understand that the internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You further understand that We have no control over and accept no responsibility whatsoever for such materials. You may access such materials at your own risk.

We do not warrant that the Site will be uninterrupted or error-free.

2. COPYRIGHTS

All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Complex PH or its licensors and, to the extent applicable, is protected by international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 4 below. All rights not expressly granted are reserved.

2.1 TRADEMARKS

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Complex PH and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, You will not refer to or attribute any information to Complex PH or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that You will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Complex PH or its licensors.

3. ACCURACY

You understand that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any opinion, advice, services, or other information provided. The information on this Site may be changed or updated without notice. Complex PH may also make improvements and/or changes in the products, services, and/or programs described on this Site at any time without notice.

Complex PH has used its discretion, best judgment, and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.), or other items provided or available herein, but any such information, document, or other item is provided or available without any warranty of any kind, either express or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.

4. USE OF SITE CONTENT

Complex PH hereby grants You a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that You retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Complex PH’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without Complex PH’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Complex PH’s intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

5. USER POSTINGS

You acknowledge and agree that Complex PH shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information thatYou post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and You acknowledge and agree that, by providing us any such submission, You automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, You hereby waive any claims against Complex PH for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Complex PH’s use and publication of such submissions.

You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.

Complex PH does not represent or endorse the accuracy or reliability of information posted to the Site by users. In addition, Complex PH does not and cannot review all information posted to the Site by users and is not responsible for such information. You acknowledge and agree that Complex PH is not liable for any defamatory, offensive or illegal conduct of any user of the Site. Complex PH reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

6. THIRD-PARTY WEBSITES AND PROVIDERS

We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Complex PH has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

VIRUSES OR WORMS. Websites visited or data received through Complex PH may contain viruses or worms. It is your sole responsibility to take appropriate precautions to protect against damage to or destruction of hardware, software, files and data. ​We are liable for any damages caused by viruses or worms.

7. NOTICES OF INFRINGEMENT AND TAKEDOWN BY Complex PH

Complex PH prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please email Complex PH either at [email protected] or by mail at Copyright, Legal Department at [email protected], giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Complex PH will remove any posted submission that infringes the copyright or other intellectual property right of any person under Philippine law upon receipt of such a statement.

8. DISCLAIMERS

The content and functionality on the Site is provided with the intent that Complex PH is not herein engaged in rendering professional advice or services to You, nor is the Site Content intended to serve as or shall be deemed investment, legal, tax, accounting or other regulated advice, and that You shall remain solely responsible for your use of all Site Content and acknowledge that any reliance upon the Site Content shall be entirely at your sole option and risk. All content and functionality on the Site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Complex PH and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. Complex PH shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the Site, or provided by third parties. Neither Complex PH nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or losses or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

9. INDEMNIFICATION

You hereby indemnify, defend, and hold harmless Complex PH and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Complex PH Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Complex PH and/or Complex PH Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. Complex PH reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

(c) 2022, Complex Philippines, Inc. ALL RIGHTS RESERVED.