Terms and Conditions of Use
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the ISM Communications Corporation website located at www.ismcomm.com, and all associated sites linked to www.ismcomm.com by ISM Communications Corporation, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of ISM Communications Corporation and its licensors. By using this Site, you agree to these Terms of Use; if you do not agree, do not use the Site.
ISM Communications Corporation reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ISM Communications Corporation grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ISM Communications Corporation, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without ISM Communications Corporation’s express prior written consent.
You may use information on ISM Communications Corporation products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ISM Communications Corporation for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ISM Communications Corporation reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ISM Communications Corporation server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ISM Communications Corporation, including any ISM Communications Corporation account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ISM Communications Corporation’s systems or networks, or any systems or networks connected to the Site or to ISM Communications Corporation.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ISM Communications Corporation on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ISM Communications Corporation or others.
ISM Communications Corporation’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
ISM Communications Corporation may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ISM Communications Corporation makes no commitment to update the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Privacy
ISM Communications Corporation’s Privacy Policy covers the collection, use, and disclosure of personal information that may be collected by ISM Communications Corporation anytime you interact with ISM Communications Corporation, such as when you visit our website, when you apply with us for a possible work opportunity, or when you contact us either by email, telephone or facsimile. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at ISM Communications Corporation and this privacy statement is created in order to demonstrate our commitment to privacy.
We use your IP address to help diagnose problems with our server and/or to administer our website. This gives us an idea of which parts of our site users are visiting. We do not link IP addresses to anything personally identifiable. This means that a user’s session will be tracked, but the user will be anonymous.
To help us provide superior service, your personal information may be shared with legal entities within the ISM Communications Corporation group globally who will take steps to safeguard it in accordance with ISM Communications Corporation’s privacy policy.
There are also times when it may be advantageous for ISM Communications Corporation to make certain personal information about you available to companies that ISM Communications Corporation has a strategic relationship with or that perform work for ISM Communications Corporation to provide products and services to you on our behalf. These companies may help us process information, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with ISM Communications Corporation’s policies, except if we inform you otherwise at the time of collection.
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
ISM Communications Corporation takes your privacy very seriously and it does not sell or rent your contact information to other marketers.
As is standard practice on many corporate websites, ISM Communications Corporation’s website uses “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. ISM Communications Corporation will not use the information collected to market directly to that person.
ISM Communications Corporation’s website has links to the sites of other companies. ISM Communications Corporation is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
ISM Communications Corporation may update its privacy policy from time to time. When we change the policy in a material way a notice will be posted on our website along with the updated privacy policy.
ISM Communications Corporation’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the ISM Communications Corporation Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ISM Communications Corporation’s control, and ISM Communications Corporation is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
ISM COMMUNICATIONS CORPORATION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ISM COMMUNICATIONS CORPORATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ISM COMMUNICATIONS CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ISM COMMUNICATIONS CORPORATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ISM COMMUNICATIONS CORPORATION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ISM COMMUNICATIONS CORPORATION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
ISM Communications Corporation reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate
operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will ISM Communications Corporation be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ISM Communications Corporation has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold ISM Communications Corporation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ISM Communications Corporation by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
ISM Communications Corporation may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ISM Communications Corporation’s rights or property, or the rights or property of visitors to or users of the Site, including ISM Communications Corporation’s customers. ISM Communications Corporation reserves the right at all times to disclose any information that ISM Communications Corporation deems necessary to comply with any applicable law, regulation, legal process or governmental request. ISM Communications Corporation also may disclose your information when ISM Communications Corporation determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ISM Communications Corporation may preserve any transmittal or communication by you with ISM Communications Corporation through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ISM Communications Corporation determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ISM Communications Corporation, its employees, users of or visitors to the Site, and the public.
You agree that ISM Communications Corporation may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ISM Communications Corporation, for which monetary damages would be inadequate, and you consent to ISM Communications Corporation obtaining any injunctive or equitable relief that ISM Communications Corporation deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ISM Communications Corporation may have at law or in equity.
You agree that ISM Communications Corporation may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If ISM Communications Corporation does take any legal action against you as a result of your violation of these Terms of Use, ISM Communications Corporation will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ISM Communications Corporation. You agree that ISM Communications Corporation will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of the Philippines without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in Makati City, Philippines to the exclusion of all other venue, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ISM Communications Corporation and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
ISM Communications Corporation administers and operates the www.ismcomm.com Site from its location in the Republic of the Philippines; other ISM Communications Corporation sites may be administered and operated from various locations outside the Republic of the Philippines. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Republic of the Philippines. ISM Communications Corporation reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the Republic of the Philippines, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ISM Communications Corporation with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ISM Communications Corporation with respect to such use are hereby superseded and cancelled. ISM Communications Corporation’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ISM Communications Corporation of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ISM Communications Corporation and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. ISM Communications Corporation shall be free to use such information on an unrestricted basis.