Terms of Use

Introduction

 

Yem Digital Marketing Services (the ”Company") provides you https://www.kalidadmedia.com/.(the "Website") for your personal informational, educational and entertainment use. Please feel free to browse, download from, and otherwise use the Website. By accessing and using the Website you accept and agree to the following terms of use ("Terms of Use") without limitation or qualification. If you do not agree with these Terms of Use, please do not use the Website.

 

Content

 

1. Right to Use Site Content

2. Changes to the Website and Terms of Use

3. Intellectual Property Rights

4. Copyright Complaints

5. Interactive Forums and Groups and Feedback

6. Sweepstakes

7. Third Party Content and Links to Other Web Sites

8. Privacy Policy

9. Indemnification

10. Disclaimer of Warranties

11. Disclaimer of Damages and Limitation of Liability

12. Miscellaneous

13. Customer Service and Contact information

 

Right to Use Site Content

 

The Company grants you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Website for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works or other non-personal use any Content on the Website. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Website in any way that could or is intended to damage or impair the Website, or any server or network underlying the Website, or interfere with anyone else's use and enjoyment of the Website. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website or its any Content therein so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by the Company.

 

You may not use automated systems (e.g., robots, spiders, etc.) to access the Website. You agree not to collect personally identifiable information of other users of the Website or to sell or otherwise exploit that information.

Except for the limited rights expressly granted herein, all right, title and interest in and to the Website and all Content contained therein are reserved and owned by the Company.

 

The Company retains the right to deny access to the Website to anyone without notice at its complete discretion for any reason, including for violation of any of these Terms of Use, including any use rights.

 

Changes to the Website and Terms of Use

 

The Company reserves the right to change or modify Content, materials or information appearing on or in connection with the Website, including the Terms of Use, at any time without notice to you. The Company may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit these pages to review the current Terms of Use from time to time.

 

Intellectual Property Rights

 

The Website Content is protected by applicable intellectual property laws and all Content is owned by the Company or used by the Company under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Website), images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on the Website are subject to the intellectual property rights of the Company, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content"). Certain features on the Website may be covered by or licensed under Philippine law. These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Website will be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Company trademark, intellectual property right or copyrighted material without the Company’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Website are Trademarks of the Company, its subsidiaries and affiliates. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or such third party that may own the Trademark.

 

Any unauthorized commercial use of the Content will violate the Company’s intellectual property rights and will be subject to the Company’s full legal rights and remedies.

 

Copyright Complaints

 

In operating the Website, the Company may act as a services provider and offer services as online provider of materials and links to third party web sites. As a result, third party materials that the Company does not own or control may be transmitted, stored, accessed, or otherwise made available using the Website. The Company has in place procedures regarding allegations of copyright infringement occurring on the Website and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of the Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or this Terms of Use. If you believe any material available through the Website infringes a copyright, you should notify the Company. The Company will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow applicable legal procedures to resolve the claim between the notifying party and the alleged infringer who provided the Content.

 

Please provide the following in your notice:

 

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

 

2. Identify the material on the Website that you claim is infringing, with enough detail so that the Company may locate it on the Site;

 

3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

 

4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on that owner’s behalf;

 

5. Your address, telephone number, and email address; and

 

6. Your physical or electronic signature.

 

The Company may notify its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by mail to a user's physical address in its records. If you receive such an infringement notice you may provide counter-notification in writing to the contact information below. To be effective the counter-notification must be a written communication that includes the following:

 

1. Your physical or electronic signature;

 

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

 

3. A statement from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

 

4. Your name, physical address and telephone number.

 

Interactive Forums and Groups and Feedback

 

Submissions or Feedback

 

From time to time, we may ask you for your feedback on the Company’s Website and products and/or services. Any communication or material you transmit, or post will be (a) treated as non-confidential and non-proprietary by the Company; (b) become the property of the Company and the Company will exclusively now and hereinafter own all rights, title and interest therein; and (c) used without restriction by the Company’s licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on the Website or otherwise. The Company will be under no obligation to respond to any such communication. Notwithstanding the foregoing, the Company maintains a policy of not accepting or considering any creative ideas, suggestions, or materials from the public regarding its products and services ("Submissions"), and therefore you should not make any Submissions to the Company in any communications through the Website or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission will immediately become the property of the Company and the Company will exclusively now and hereinafter own all rights, title and interest therein. Furthermore, the Company will be free to use any Submissions for any purpose whatsoever including, but not limited to, developing and marketing products and services. The Company will not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Company products and services.

 

 

Sweepstakes

 

From time to time, we make you aware of certain Company related sweepstakes or other promotions. All such sweepstakes and promotions are subject to the official rules for such sweepstakes and promotions and all related applicable laws, regulations, and statutes.

 

Third Party Content and Links to Other Web Sites

 

The Website may contain third party content and links to other web sites that are completely independent of this Website. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement, or warranty by the Company. Moreover, the Company is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked website, and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link you will leave the Website. Any personal information you submit on the resulting web site will neither be collected nor controlled by the Company but will be subject to the privacy notice or terms of use of the resulting web site. Please review the privacy policy and terms of use of the resulting web site for more information on its privacy practices.

 

Privacy Policy

 

The Company recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the Website. The Company’s Privacy Policy (available here: https://www.kalidadmedia.com/privacy-policy ) provides an overview of what you can expect when you enroll in one of our programs or simply browse the Website.

 

Indemnification

 

You agree to indemnify, defend and hold the Company and its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use or your use of the Website. You will indemnify and hold the Company harmless from and against any claim, suit or proceeding brought against the Company arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions. You will indemnify and hold the Company harmless from and against any claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of the User Submission.

 

Disclaimer of Warranties

 

While the Company will use reasonable efforts to ensure that all material on the Website is correct; however, accuracy cannot be guaranteed and the Company does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in the Website.

 

The Website and all content contained herein are provided to you “As is” and “As available” and all warranties, express or implied, are hereby disclaimed, including any warranty of merchantability, title/non-infringement, quality of information, or fitness for a particular purpose. No information obtained by you from the Company through the Website will create any warranty not expressly stated herein. Without limitation the Company disclaims all warranties regarding the availability of the Website, that the Website will operate error-free, that defects will be corrected or that the Website is free of viruses or other harmful components. Your use of the Website is at your own risk, any content downloaded or otherwise obtained through the Website is provided at your own risk, and you are solely responsible for any damage to your computer system or any data loss that may result from your use of the Website, including without limitation, damage resulting from computer viruses. Please note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you.

 

Disclaimer of Damages and Limitation of Liability

 

In no event will the Company or its affiliates be liable for any direct, indirect, special, punitive, exemplary, consequential or other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, without regard to the form of action (including but not limited to contract, negligence, or other tortious actions) arising out of or in connection with your use or access of the Website or its content, even if the Company or its business partners, employees, representatives or affiliates have been advised of the possibility of such damage or loss. In no event will the Company’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any,. for accessing or participating in any activity related to the Website. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Miscellaneous

 

These Terms of Use will be construed, interpreted and performed exclusively according to the laws of the Philippines, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or the Website will be filed only in Philippine courts. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Website, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

 

You may not assign these Terms of Use. The Company may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Except as provided herein these Terms of Use constitute the entire agreement between you and the Company pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within the Website. The Company’s failure to enforce any provision of these Terms of Use or any additional terms will not be deemed a waiver of such provisions and of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and the Company. You hereby agree, without limitation, that you will not contest the validity or enforceability of these Terms of Use and any related documents.

 

Customer Service and Contact Information

 

Yem Digital Marketing Services

hello@kalidadmedia.com