Terms and Conditions

By visiting the Pambansang Samahan ng Inhenyero Mekanikal (PSIM) Inc. (“PSIM,” “we” or “us”) website (“Site”), you agree to the following terms and conditions. PLEASE CAREFULLY READ EACH AND EVERY PROVISION before agreeing to be bound by the same. If you do not adhere to be obligated thereby, you should not use or leave this Site immediately.

This Website is not intended for persons under eighteen (18) years of age, hence, if you happen to be below 18 years old, please immediately leave this Site. Otherwise, you continuously represent that you comply with the above age requirement.

Introduction

These Terms and Conditions (“Terms”), which include our Privacy Statement, govern your use of our Site. Certain sections of our Site are accessible only to registered users who agree to these Terms by clicking “AGREE” on the registration page. If you simply do not agree, the registration process will be automatically canceled and you will not be permitted to further access or use those sections of our Site. These Terms do not apply to websites that are not authored or operated by PSIM that you may find embedded in the Site which are as follows:

(i) websites operated by individual PSIM members (“Members”)
(ii) websites operated by PSIM affiliates or chapters
(iv) websites of those who sponsor sections of our Site (“Sponsors”)
(iii) websites operated by individual PSIM sections, subsections, groups, boards, committees, and other PSIM-related groups for the benefit of their members or their participants
(v) any third-party websites referred to or linked to on our Site.

Kindly regularly check these Terms because we may modify them from time to time without prior notice. Your continued use of the Site after we have posted amended Terms constitutes your consent to the amended Terms. If you have questions about these Terms, please feel free to contact us by sending an email to info@psimph.org.

PSIM Contents

All contents on our Site are owned by PSIM and protected by Philippine copyright laws and other pertinent laws and treatises of which the Republic of the Philippines is a part. You may view pages from our Site in a web browser, print pages, stream audio and video files whenever available, download pages from our Site for caching in a web browser, and generally use our Site services, subject to the applicable provision of these Terms. Unless otherwise allowed under these Terms, you should not edit or modify any material on our Site. You cannot download materials from it and/or save the same on your computer except for those permitted under these Terms. You may use permitted materials from our Site, in whole or in part as the case may be, or copy and distribute a small section of copyrighted PSIM works on our Site, solely for your personal use or research in connection with non-commercial activities. Unless you own or control own or control the relevant rights of material, you must not republish, sell, rent, sub-license, copy modify creative derivative works of, distribute or redistribute, publicly perform or display, our Site for a commercial purpose without our prior written consent (or the consent of the author of that content, if applicable). To request permission from PSIM, please contact us at info@psimph.org. We retain the full and sole right to grant or withhold each request. If you were allowed to download or print text, images, video or audio files, or any other content from our Site, you must include all trademark, copyright and other proprietary rights notices in the same form in which the notices appear on our Site. You may not modify or alter the proprietary notices in any way. In addition, unless we indicate otherwise, you may not alter or modify any of the content that you download or print from our Site. You may not use any content from our Site in a manner that attributes a false or misleading statement to PSIM or any third parties.

Accounts

Certain sections of our Site allow you to create an account (“Account”), such as online purchase features; as such, only those who are 18 years old and above can do so. You must create an Account to use the social networking and online purchase features and other similar features of our Site. If you are a PSIM Member, you may create an Account for your membership. You are responsible for maintaining the confidentiality of the login information and password associated with your Account and for all activities under your Account. You must not transfer your account to others; though you may expressly permit another to use your account, you must not use any other person’s account to access our Site, unless you have that person’s express permission to do so. Accordingly, any use of your account is presumed to be yours and/or authorized by you, thus, you are liable for whatever unlawful acts committed by the use of your account. You must notify us in writing immediately if you become aware of any unauthorized use of your account. You represent, warrant and covenant that (i) all information you provide in connection with your Account is accurate and complete; (ii) you will update your Account as necessary to keep it accurate and complete; (iii) you will not use or attempt to use your Account to pass yourself off as any other party, without the express permission of that particular party/person; and, (iv) you have and will maintain all permissions and approvals needed from other parties for you to use our Site and to comply with these Terms. PSIM reserves the right in its sole discretion to suspend or terminate your Account or to restrict access to our Site at any time if it suspects that you have not complied with these Terms, or for other reasons that PSIM determines in good faith are necessary or appropriate, including if PSIM suspects you are using or attempting to use our Site in any way that violates applicable laws or regulations. PSIM is not liable to you for any loss or damage that may result from its refusal to provide you access to our Site or any section of it.

User Content, Posting and Responsibilities

The Site contains social networking features, discussion forums and other features that allow users (“Users”) to submit and share text, commentary, messages, information, documents, images, questions, links, and other material (all together, “User Content”) for storage or publication on, processing by, or transmission via our Site. User Content should relate to PSIM’s purposes, which are described in our Articles of Incorporation and Constitution.

Some Users volunteer their experience and information to other Users as group administrators, moderators or facilitators (“Facilitators”). For example, Facilitators may assist by contributing material or answering questions for other Users. Facilitators may identify themselves as being connected with PSIM (e.g., because of a position they hold in a PSIM section or group). However, Facilitators are not PSIM’s employees or agents for any purposes whatsoever, and Users should not rely on Facilitators as agents or representatives of PSIM. Each User, including each Facilitator, participates on our Site in their individual or personal capacity, and not as a representative of PSIM, and are respectively solely responsible for all activities in that capacity. Your User Content is non-confidential and any ideas, inventions, or know-how disclosed in them will be available to other Users. In posting User Content, you grant to PSIM a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content, in its sole discretion, in any existing or future media / reproduce, store and publish your content on and concerning this website and any successor website / reproduce, store and, with your specific consent, publish your content on and about this website. Furthermore, you grant to PSIM the right to sub-license the above-granted rights and bring an action for infringement of said rights licensed. You also waive all your moral rights in your Content to the maximum extent permitted by applicable law; you warrant and represent that all other moral rights in your Content have been waived to the maximum extent permitted by applicable law.

Rules on User Content and Conduct on Posting and in using the Site

You take sole responsibility for all User Content you submit, and all such User Content must be your own. You warrant and represent that your Content will comply with the Terms, hence, must not be illegal or unlawful, must not be capable of giving rise to legal action against any person in any jurisdiction and under any law, and must not be injurious or invasive of anyone’s legal rights. In addition, your Content: (i) must not be libellous or maliciously false; (ii) must not be obscene or indecent; (iii) must not infringe on any kind of intellectual property right; (iv) must not be in contempt of court or any breach of any court order; (v) must not be false, inaccurate, or misleading; (vi) must not be pornographic, suggestive, lewd or sexually explicit; (vii) must not be in breach of national security, national interests, and legislated secrets; (viii) must not contain any negligent statement or advice; (ix) must not encroach on privacy; (x) must not incite to commit a crime and/or violence or promote criminal activity and/or violence; (xi) must not be blasphemous of any creed, belief, or religion, nor promote racial or religious hatred; (xii) must not consist of or contain any instruction, advice, or other information which may be acted upon and could, if acted upon, cause illness, injury, or death, or any other loss or damage; (xiii) must not constitute spam; (xiv) must not be offensive, deceptive hateful, discriminatory, inflammatory, anti-social, fraudulent, threatening, abusive, and harassing; (xv) must not cause annoyance, inconvenience, or needless anxiety to any person; (xvi) must not contain any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published (including, but not limited to, any confidential information related to the business of your employer, colleagues, or clients); and, (xvii) must not violate any applicable law or regulation. You additionally represent, warrant and covenant that you are under no obligation that would in any way interfere with the disclosure or use of any User Content you submit. You may edit your Content to the extent permitted using the editing functionality made available to you by Our Site. When you use Our Site, you acknowledge and agree: (i) not to use Our Site (a) to send chain letters, unsolicited advertising, or any other junk or bulk mail, or (b) for the benefit of third-party organizations, businesses, products, or services; (ii) not to impersonate or try to pass yourself off as any other person or entity; (iii) not to upload, post, email, transmit or otherwise make available any information, files, code or other materials that are unlawful, tortious, defamatory, vulgar, obscene, or libelous, or that are threatening, abusive, or harassing on the basis of an individual’s (or group’s) religion, gender, sexual orientation, race, ethnicity, age, disability, or any other protected characteristic; (iv) not to upload, post, email, transmit or otherwise make available any information, files, code or other materials that contain viruses or are able to disrupt or damage Our Site or PSIM software, hardware or other equipment; and, (v) not to introduce any kind of spam, virus, malware, spyware, and the likes. User Content, including User Content, contributed by Facilitators, does not necessarily reflect the views, policies or opinions of PSIM, and PSIM does not endorse or adopt any User Content (including any external Web sites that may be listed in any User Content) through the act of making it available on Our Site. PSIM bears no responsibility for any User Content or any injury or offense it causes (regardless of whether the User Content has been approved, edited, rejected, or removed by PSIM or a User). PSIM has no obligation to pre-screen, monitor, edit, or delete User Content, but PSIM reserves the right to do so if any User Content fails to comply with these Terms or if we reasonably suspect that you have breached these Terms in any way, or that the Content is harmful, inaccurate, or objectionable, without prejudice to our other rights under these Terms and our administrative, criminal, and civil rights. PSIM is not responsible for any failure or delay in removing User Content that fails to comply with these Terms. For the avoidance of doubt, PSIM has no obligation to store, maintain or provide you a copy of any User Content. Any complaint about copyright infringement relating to User Content may be made by sending an email to info@psimph.org

Site Information and User Content for General Information Purposes Only

The information on Our Site, including User Content, is made available for general informational purposes only. It should not be construed as any kind of professional or technical advice or recommendation (or substitute for it). If you need professional advice or services, you should consult a qualified person in the relevant field. If you use the social networking features of Our Site, it may include features that automatically generate suggestions regarding (i) information you might be interested in or (ii) other Users with whom you may wish to connect. These suggestions are provided for informational purposes only, and PSIM does not endorse or recommend them for any purpose. You assume sole responsibility and risk for your use of this information, and you expressly release PSIM from all liability arising from or relating to your use. Further, PSIM does not warrant or represent: (i) the completeness or accuracy of the information published on Our Site; (ii) that the material on the Site is up to date; and, (iii) that the Site or any of its services will remain available.

Site Availability

We allow you access to Our Site as it exists and normally is available on any given day and at any given time of the day. We continually work to improve or upgrade Our Site and may change or amend any feature, service, or tool offered therein at any time; thus, you may experience modification, replacement, and, alteration from time to time, and at some point refused access to, for whatever reason solely to our discretion. All of these changes will be effective upon their posting on our site or by direct communication to you unless otherwise noted. PSIM reserves the right to suspend or discontinue its Site, partially or entirely, at its sole discretion, without notice or explanation, and without any obligation or liability whatsoever.

Trademarks

PSIM, the PSIM logo and other PSIM indicia of source used on Our Site are owned by PSIM (“PSIM Trademarks”). You may not use any PSIM Trademark without our prior written consent. You may not use any PSIM Trademark in connection with any products or services that do not belong to us, or in any manner likely to confuse the source of any product or service, which implies that PSIM endorses any third-party product or service, or that disparages or discredits PSIM. You agree not to register any domain names containing any PSIM Trademark. If you are an official PSIM unit or group, contact PSIM Secretariat for information regarding appropriate PSIM Trademark use.

Limitation of Liability

PSIM and its officers, directors, employees and agents (collectively, the “PSIM ENTITIES”) are not liable for any claim of any nature whatsoever based on loss or injury arising out of or relating to (i) errors, omissions, interruptions or inaccuracies in our site (ii) any services or materials available through our site, (iii) any conduct of any third parties on our site, including users and facilitators, or (iv) your breach of any provision of these terms. To the extent that Our Site and the information and services it provides are free of charge, the PSIM Entities will NOT be liable under any circumstances for the following: (i) any loss or damage of whatever nature or kind; (ii) any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including for loss of or damage to income, revenues profits, use production, anticipated savings, business contracts, commercial opportunities or goodwill, business, data, database, software (even if the PSIM Entities have been made aware of the possibility of those damages), arising out of or in connection with (a) your use of Our Site, (b) your use of services available through Our Site, or (c) these Terms, regardless of the theory of liability, whether tort (including negligence), contract or any other legal or equitable theory; and, (iii) any losses arising out of any event or events beyond our reasonable control. You accept that we have an interest in limiting the personal liability of the PSIM Entities and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against the PSIM Entities in respect of any losses you suffer in connection with the use of Our Site or these Terms.

Disclaimer of Warranties

Our site and the services and materials available through it, including but not limited to User Content, social networking features, and PSIM’s email alias service, are available “as is” and “as available.” We do not warrant that Our Site or any of the services or materials available through it will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in materials or services available through Our Site. We make no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on our site or services available through it, including the social networking features, PSIM peer-link and our PSIM email alias service or through links to other websites. PSIM is not responsible and makes no representation or warranties regarding the delivery of any information submitted through Our Site’s social networking features, including messages sent to other users. We reserve the right to correct any errors or omissions in Our Site and our services. If you rely on Our Site and any materials or services available through it, including User Content, you do so entirely at your own risk. Because PSIM does not have any obligation to verify the identity of users or to monitor the use of Our Site, it disclaims all liability related to the misuse of your identity or information. to the maximum extent permitted under law, we disclaim all express or implied warranties concerning our Site and any content, information, goods or services that are available through it, including without limitation, any warranty of merchantability or fitness for a particular purpose (even if that purpose has been disclosed). Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other malicious code to our site, we do not guarantee or warrant that Our Site or services or materials that may be available through said Site, is free from destructive features. We are not liable for any damages or harm attributable to those features.

Indemnification

You agree to indemnify the PSIM and/or PSIM Entities against all liabilities, losses, damages and costs (including reasonable attorneys’ fees and court costs) that the PSIM and/or PSIM Entities may incur based on claims arising out of (i) your violation of these Terms, (ii) any allegation that any materials that you make available through Our Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (iii) your violation of any rights of any User, PSIM Member, customer, or any other third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.

Breaches of these Terms

Without prejudice to our other rights from whatever the source, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these Terms in any way or manner, we may: (i) temporarily suspend your access to Our Site; (ii) permanently prohibit you from accessing Our Site; (iii) block computers using your IP address from accessing Our Site; (iv) contact any or all your internet service providers and request that they block your access to Our Site; (v) suspend or delete your account on Our Site; (vi) send you one or more formal warnings; and, (vii) commence legal action against you, whether for breach of contract or otherwise. When we suspend or prohibit or block your access to Our Site or a part of it, you must not take any action to circumvent such suspension or prohibition or blocking, including creating a derivative such as using a different account.

Survival After Termination

The following provisions of these Terms survive any termination: (i) limitations of liability;(ii) governing law, jurisdiction and venue; (iii) the restrictions imposed on you about the material you download or print from Our Site; (iv) the provisions related to User Content, warranties, indemnification; and, (v) any other provision that by its terms contemplates survival.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms. You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

Severability

If a provision of these Terms is found by any court of competent jurisdiction or competent authority to be unlawful and/or unenforceable, the other surviving provisions shall continue to be in effect. If any unlawful and/or unenforceable provision of these terms and conditions would become lawful or enforceable if part/s of it was/were deleted, that part/s will be deleted and the rest of the provision will continue to be in effect.

Non-Enforceability of Third Party Rights

These Terms are for our and your benefits, such Terms are not intended to benefit or be enforceable by or conditioned upon any third party. In addition, the exercise of the parties’ right under these Terms is not conditioned upon or subject to the consent of any third party.

Entire Agreement; Sole Discretion to Modify; Non-Waiver

These Terms shall constitute the entire agreement of the parties and shall supersede all previous agreements with the use of Our Site. These Terms can only be modified at the instance of PSIM and/or the authorized PSIM Entities without the need of notice or explanation to any of the Site’s Users. A delay in our exercise of any of our rights in these Terms shall not be construed as abandonment or waiver of said rights, as such, may later be exercised by us at our discretion.

Laws and Jurisdiction

These Terms are governed by the laws of the Philippines applicable to agreements made and completely performed there unless doing so would lead to the applicability of the laws of another jurisdiction. You irrevocably agree to bring any claim or dispute relating to or arising from your use of Our Site and these Terms exclusively in the City of Manila, to submit to the exclusive personal jurisdiction of those courts, and to waive any objections (including those based on convenience) to those courts.

Heading

Any heading, caption or section title contained in these Terms is used as a matter of convenience and is not intended to govern, limit, modify or in any other manner affect the scope, meaning, or intent of any provision of these Terms, nor should they otherwise be given any legal effect. Please email us at info@psimph.org with any questions you may have about these Terms.