Introduction
These Terms of Use govern your use of the ICTSI Website (the "Website"). These Terms of Use set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms of Use. By accessing and using the Website, you agree to be bound and accept in full and agree to strictly comply with these Terms of Use. By continuing to use this Website you accept the Terms of Use as they apply from time to time.
If you disagree with these Terms of Use or any part of these Terms of Use, you must not access and use this Website.
This Website may use cookies. A cookie does not identify you personally but it does identify your computer. By using this Website and agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of the applicable policy of ICTSI.
Intellectual Property rights
Unless otherwise indicated, ICTSI ("We," "Us," or "Our") own the copyright and other intellectual property rights in the content of this Website. Do not infringe those rights. While you may browse or print the content for internal business or personal use (subject to the restrictions set out below and elsewhere in these Terms of Use), you must obtain our prior written permission if you would like to use, copy, or reproduce the Website, or any part of it for any other purpose.
All trademarks appearing on this Website belong to their respective owners and are hereby reserved.
You must not:
• republish material from this Website (including republication on another website);
• sell, rent or sub-license material from this Website;
• show any material from this Website in public;
• reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
• edit or otherwise modify any material on this Website; or
• re-distribute material from this Website, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for re-distribution, it may only be re-distributed within your organization.
Acceptable Use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
This Website may enable you to post comments and other materials such as text, pictures, audio, video or a combination of these (for example, on blogs, forums or other public areas). You are responsible for all comments and material that you post (or that are posted using your username and password).
You must not post or otherwise upload any comment or material that:
• is inflammatory (commonly referred to as 'trolling');
• is xenophobic, racist, abusive, harassing or hateful;
• is false, libelous, defamatory, inaccurate, threatening, invasive of a person's privacy, or constitutes personal abuse directed at other users;
• is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;
• constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as 'spamming');
• infringes someone else's copyright; or
• violates any law, rule or regulation of the Republic of the Philippines.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without our express written consent.
You must not use this Website to upload or transmit any personal information of any third party including, without limitation, to names, addresses, phone numbers, email addresses, Social Security numbers, health or medical information or other financial or personal or sensitive personal information, except as specifically authorized by us and such third party.
By posting or otherwise uploading any comments or materials onto this Website, you grant us a perpetual, nonexclusive, sub-licensable, worldwide, royalty-free license to retain, store, republish, copy, reproduce, edit and otherwise use your comments or materials in any form for any purpose related to ICTSI Website or for any other purposes.
We reserve the right (but will not be required) to review, reformat, reject or delete in whole or in part any comments or material which you post or otherwise upload that, in our opinion, breaches these Terms of Use or any applicable laws and regulations, or may violate the rights of any person.
Restricted access
Access to certain areas of this Website is restricted. We reserve the right to restrict access to other areas of this Website, or this entire Website, at our sole discretion.
If we provide you with a user ID and password to enable you to access restricted areas or particular features of this Website or other content or services, you must ensure that the user ID and password are kept strictly confidential (and you are responsible for their misuse if you do not).
We may disable your user ID and password in our sole discretion without notice or explanation.
User content
In these terms and conditions, "your user content" means material (including, but not limited to, text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
By submitting to us or this Website your user content, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not contain any information that are harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you, ICTSI, or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to remove, in our sole discretion, any material or user content, submitted to this website, or stored on our servers, or hosted or published upon this Website which violate these provisions. We further reserve the right to make formatting and edits and change the manner of any User content.
Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
No Warranties
This Website is provided "as is" without any representations or warranties, expressed or implied. We make no representations or warranties in relation to this Website or the information and materials provided on this Website. We exclude all implied conditions and warranties with respect to the Website and its content, excluding any implied condition or warranty the exclusion of which would breach any statute or cause any part of this paragraph to be void.
Without prejudice to the generality of the foregoing paragraph, we do not make any representation or warranty of any kind, express or implied:
- as to the operation or availability of the Website, or the information, content, and materials or products included thereon;
- that the Website will be uninterrupted and constantly available or error-free;
- as to the accuracy, reliability, or currency of any information or content provided in the Website; or
- that the Website, its servers and the content are free of viruses, malware, or other harmful components. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
Limitations of Liability and Exceptions
Although we aim to ensure the content on this Website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. We may change the content on this Website at any time without notice. Also, as the internet is inherently insecure, we cannot guarantee the security of data contained on this Website.
Your use of this Website, and your reliance on its content, is entirely at your own risk. We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
• to the extent that the Website is provided free-of-charge, for any direct loss; or
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
For all other types of loss, our total liability to you (including because of our negligence) resulting from your use of this Website or its content is limited in aggregate to Php1.
In the event a court says that we are liable to you, that liability will be limited (at our election) to either re-supplying the affected service or content to you or refunding what you have paid us for it.
Reasonableness
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
Other parties
You accept that we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect us, our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Third party links
This Website may contain links to other sites that we do not own or operate and over which we have no control. Those links are provided for your convenience only, and we are not responsible in any manner whatsoever for their use, effect or content.
We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
Advertisements
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Viruses and other interference
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Application of Terms of Use
These Terms of Use only apply to the use of this Website.
Unenforceable provisions
If any provision of this Website and/or its Terms of Use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website and/or its Terms of Use.
Indemnity
You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
Breaches of these terms and conditions
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use, you agree that upon any breach of these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to this Website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or bringing court proceedings against you.
Variation
We may revise these Terms of Use at any time at our discretion and without notice. Revised Terms of Use will apply to the use of this Website from the date of the publication of the revised Terms of Use on this Website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use 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 of Use.
Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These Terms of Use constitute the entire agreement between you and ICTSI in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.
Governing Law and Jurisdiction
These Terms of Use, and your use of our Website, will be governed by and construed in accordance with the laws of the Republic of the Philippines, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Manila, Philippines.