1.1 This Subscriber Agreement constitutes the agreement between BusinessWorld Publishing Corp. ("BWPC") and any person ("Subscriber") using Codex, the electronic archive of BusinessWorld Publishing Corp., with respect to Subscriber's use of Codex.
1.2 Subscriber must agree to comply with all of the terms and conditions of this Subscriber Agreement, and any and all amendments hereto, in order to become or remain an authorized Subscriber of Codex. The Subscriber's use of Codex constitutes Subscriber's agreement with the terms and conditions of this Subscriber Agreement, without need for any further manifestation of such agreement.
1.3 BWPC reserves the right, at its discretion, to amend, modify, add or delete any provision(s) of this Subscriber Agreement at any time. Notification of any changes in Codex will be posted on the internet, or sent via e-mail, or postal mail, at the sole discretion of BWPC.
1.4 If this Subscriber Agreement, or any future changes thereto, are unacceptable to Subscriber, Subscriber may cancel subscription to Codex by sending an e-mail to such effect addressed to BWPC's Non-Traditional Media Group at
Subscriber's continued use of Codex after the posting of notice of any changes in this Subscriber Agreement will constitute Subscriber's implicit agreement to such changes.
2. REGISTRATION AND SECURITY
2.1 To subscribe to Codex, Subscriber must be at least 18 years old. Subscriber hereby represents that he/she is at least 18 years of age.
2.2 As part of the registration process to be an authorized Subscriber, Subscriber shall select a password and Subscriber name. Subscriber shall provide BWPC with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Subscriber Agreement, which may result, at BWPC's sole discretion, in the immediate termination of Subscriber's account.
2.3 Subscriber covenants that, in connection with its use of Codex, Subscriber shall not select or use the name of another person with the intent to impersonate that person; or use a name subject to the rights of any person other than Subscriber without authorization; or use a name that BWPC, in its sole discretion, considers offensive.
2.4 Notwithstanding clause 2.1, persons of all ages may use Codex but only through a qualified and registered Subscriber's account. As such, Subscriber may share Subscriber's Password with others in accordance with paragraph 2.5 below.
2.5 Each Subscriber is responsible for all usage of Codex made through Subscriber's account, including use of the account by any third party, whether or not authorized by the Subscriber to use Subscriber's Password. Any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of Subscriber's account, at BWPC's sole discretion.
2.6 Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Password. Subscriber shall notify BWPC Non-Traditional Media Group of any known or suspected unauthorized uses of Subscriber's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Subscriber's Password or credit card information. The Subscriber shall have the option to change his Password at any time in order to keep his account secure; however, the Subscriber shall still be liable for any unauthorized use of his account before or after such change in Password.
2.7 BWPC shall not be responsible for any loss, damage or prejudice caused to any person arising from the improper use of the Subscriber's Password.
3. FEES
3.1 Subscriber shall pay to BWPC the fees and charges for all usage of Codex incurred through Subscriber's account, at the rates in effect at time of use. The current rates of fees and charges shall be as set forth in the table below. All fees and charges shall be billed to and paid for by Subscriber. Subscriber shall pay all applicable taxes, if any, relating to use of Codex through Subscriber's account.
Unlimited
Single-User Pricing
International
US$ 45 flat rate Annual
US$ 23 flat rate Semi-Annual
Local
Php 2,545.50 Annual (VAT inclusive)
Php 1,273 Semi-Annual (VAT inclusive)
Multiple-User Pricing
Minimum of 10 Users
BWPC can customize a corporate package that will allow any number of computer terminals (minimum of 10) to gain access to the archive simultaneously. This will depend on the exact number of users and each will be given their own username and password. Contact for more details.
4. CONTENT
4.1 BWPC may, without notice, change, suspend or discontinue any aspect of Codex at any time, including the availability of any Codex content. BWPC may also impose limits on certain features and services or restrict Subscriber access to portions or all of Codex without notice or liability. Any such change, suspension, discontinuance, limitation or restriction shall not entitle the Subscriber to any refund or other type of reimbursement.
4.2 The contents of Codex are intended for the personal, non-commercial use of BWPC's authorized Subscribers. All materials published on Codex (including, but not limited to news articles, photographs, illustrations, audio clips, and video clips, also known as "content") are protected by copyright, and owned by or licensed to BWPC or the party acknowledged by BWPC as the copyright owner of the content or other materials. Subscriber shall abide by all copyright notices, information, or restrictions contained in any content accessed through Codex.
4.3 Codex and its content are protected by copyright as a collective work and/or compilation. Subscriber may not modify, publish, transmit, participate in the transfer of, reproduce (except as provided in clause 4.4 below), create derivative works from, perform, display or in any way exploit any part or all of the content of Codex.
4.4 Subscriber may download or copy the content and other downloadable items displayed on Codex for personal use only, PROVIDED that Subscriber maintains all copyright and other notices contained in such content. Subscriber shall not store any significant portion of any content owned by or licensed to BWPC or to the party credited by BWPC as the copyright owner of the content used. Copying or storing of any content for purposes other than personal, non-commercial use is expressly prohibited without the prior written consent of BWPC.
5. REPRESENTATIONS
5.1 Codex and all downloadable software are distributed on an "as is" basis, without warranties of any kind -- either expressed or implied -- including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Subscriber hereby acknowledges that use of Codex is at Subscriber's sole risk.
5.2 BWPC does not make any representation as to the accuracy or reliability of any statement, advice, opinion or other information displayed, uploaded, or distributed through Codex. Subscriber acknowledges that any reliance upon any such statement, advice, opinion or other information shall be at Subscriber's sole risk. BWPC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Codex.
6. LINKS TO OTHER SITES
6.1 Codex contains links to other related World Wide Web internet sites and resources. BWPC is not responsible for the availability of these outside resources and/or for their contents.
7. SOFTWARE LICENSE
7.1 Subscriber shall have no rights to the proprietary software and related documentation, nor to any enhancements or modifications thereto, provided to Subscriber in order to access Codex ("access software"). Subscriber may not sublicense, assign nor transfer any licenses granted by BWPC. Any attempt at such sublicense, assignment or transfer is void. Subscriber may copy such software for archival purposes only. Subscriber may not copy, distribute, modify, reverse engineer nor create derivative works from access software.
8. TERMINATION
8.1 Subscriber may terminate Subscriber's account at any time by sending an e-mail to such effect addressed to BWPC Non-Traditional Media Group at
Upon termination, Subscriber will receive an automated confirmation via e-mail that the request will have been received, and that Subscriber's access will be suspended within 24 hours. Subscriber is responsible for all fees and charges incurred up to the time the Subscriber's account is deactivated.
8.2 BWPC shall have the right in its sole discretion, and upon prior notice to the Subscriber, to terminate or suspend Subscriber's access to all or part of Codex for any reason upon prior notice to the Subscriber, including, but not limited to, breach of the Subscriber Agreement or assignment of the Subscriber Agreement by Subscriber.
9. INDEMNIFICATION
9.1 Subscriber agrees, and shall indemnify, to defend and hold BWPC and all its officers, directors, owners, agents, affiliates, licensors and licensees (collectively, the "indemnified parties") harmless, from and against any and all liability and costs (including, but not limited to, reasonable attorneys' fees) incurred by the indemnified parties in connection with any claim arising out of any breach by Subscriber of this Subscriber Agreement. BWPC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber. However, Subscriber shall cooperate as fully as reasonably required in the defense of any claim.
10. COMMUNICATIONS BETWEEN BUSINESSWORLD AND SUBSCRIBERS
10.1 BWPC reserves the right to send electronic mail to any and all Subscribers for the purpose of informing them of changes or additions to Codex or for any other purpose.
10.2 BWPC reserves the right to disclose information about Subscriber usage and demographics in a manner that does not reveal Subscribers' personal identities.
10.3 Subscriber shall send all communication to BWPC Non-Traditional Media Group through
11. MISCELLANEOUS
11.1 This Subscriber Agreement has been made under, and shall be construed and enforced in accordance with, the laws of the Republic of the Philippines. Any action to enforce this agreement shall be brought in the proper courts of the Philippines.
