Terms & Conditions of Use

By visiting the Society of Medical Physicists in the Republic of the Philippines, Inc. (“SMPRP,” “we” or “us”) Website (“Site”), you agree and consent 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 agree to be obligated thereby, you should not access or use this Site.

 

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.

 

1. These Terms and Conditions of Use (“Terms”) and the Privacy Policy separately issued, govern your use of Our Site. Certain portions of Our Site are accessible only to registered users who affirmatively agree to these Terms by clicking or checking “I AGREE” on the registration or sign-up page. If you simply do not agree, the registration process will be automatically cancelled, and you will not be permitted to further access and use those portions of Our Site. These Terms do not apply to websites which are not authored or operated by the SMPRP that you may find embedded in Our Site, as follows:

 

• websites of those who sponsor portions of Our Site (“Sponsors”); or,

• any third-party web sites referred to or linked to on Our Site.

 

Kindly refer to their respective Site terms and conditions. Please regularly check these Terms because we may modify them from time to time without prior notice, though we will advise you of any material change to these Terms. Your continued use of Our 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@smprp.org.

 

2. All Content on Our Site is owned by SMPRP and protected by Philippine copyright laws and other pertinent laws and treatises of which the Republic of the Philippines is a part of. 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 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 in your computer except for those permitted under these Terms. You may use permitted or exploitable materials from Our Site, in whole or in part as the case may be or copy and distribute a small portion of copyrighted SMPRP works on Our Site, solely for your personal use or research in connection with non-commercial activities. Unless you own or control the relevant rights of the material, you must not republish, sell, rent, sub-license, copy modify creative derivative works of, distribute or re-distribute, publicly perform or display, or otherwise exploit any material from 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 SMPRP, please contact us at info@smprp.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 or in the files. 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 SMPRP or any third party.

 

3. SMPRP does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Our site and the services and materials available through it, including but not limited to User Content, social networking features, and SMPRP’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.

 

4. Your use of any information or materials on this website is entirely at your own risk, for which SMPRP shall not be liable.

 

5. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

 

6. Certain portions of Our Site allow you to create an account (“Account”), such as social networking or on-line 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 on-line purchase features, and other similar features of Our Site. Anyone can sign-up for an Account, but only SMPRP members and prospective members can subscribe to access exclusive content as provided by SMPRP membership provisions in the 2019 SMPRP Rules and Regulations. SMPRP reserves the right to evaluate, approve, and deny any sign-up and subscription requests. You are responsible for maintaining the confidentiality of the log-in 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, inasmuch as, 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 virtue of 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. SMPRP 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 SMPRP determines in good faith are necessary or appropriate, including if SMPRP suspects you are using or attempting to use Our Site in any way that violates applicable laws or regulations. PSME is not liable to you for any loss or damage that may result from its refusal to provide you with access to Our Site or any portion of it.

 

6. Our 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 SMPRP’s purposes, which are described in our Articles of Incorporation and Constitution as follows:

 

• Advance the profession of Medical Physics in all its aspects;

• Promote cooperation and understanding among medical physicists and workers in the medical allied professions; and

• Promote the welfare and professional development of medical physicists of the Philippines.

 

7. Each User, including each Facilitators, participates on Our Site in their individual or personal capacity, and not as a representative of SMPRP, and are respectively solely responsible for all activities in that capacity. All information and data shared by Users and Facilitators shall be used or treated at your own risk. All SMPRP organizational decisions and resolutions are resolved only through an SMPRP Board Resolution pursuant to the by-laws. Your User Content is non-confidential, and any ideas or know-how disclosed in them will be available to other Users. In posting User Content, you grant to SMPRP 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 in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website. Furthermore, you grant SMPRP 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; and you warrant and represent that all other moral rights in your Content have been waived to the maximum extent permitted by applicable law.

 

8. 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 injurious or invasive of anyone’s legal rights. In addition, your Content: (i) must not be libelous 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 SMPRP 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 SMPRP, and SMPRP 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. SMPRP 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 SMPRP or a User). SMPRP has no obligation to pre-screen, monitor, edit, or delete User Content, but SMPRP 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. SMPRP is not responsible for any failure or delay in removing User Content that fails to comply with these Terms. For avoidance of doubt, SMPRP 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 email to info@smprp.org.

 

9. All trademarks reproduced on this website which are not the property of, or licensed to, SMPRP are acknowledged on the website or are acknowledged in accordance with copyright law.

 

10. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

 

11. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that SMPRP endorses the website(s). We have no responsibility for the content of the linked website(s).

 

12. SMPRP and its officers, trustees, members and agents (collectively, the “SMPRP 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 SMPRP 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 SMPRP 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 SMPRP 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 SMPRP Entities in respect of any losses you suffer in connection with the use of Our Site or these Terms.

 

13. You agree to indemnify the SMPRP and/or SMPRP Entities against all liabilities, losses, damages and costs (including reasonable attorneys' fees and court costs) that the SMPRP and/or SMPRP 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, SMPRP 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.

 

14. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of the Philippines. 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.

 

15. 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 with respect to 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.

 

16. 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.

 

17. 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. 

 

18. 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.

 

19. These Terms shall constitute the entire agreement of the parties and shall supersede all previous agreements in relation to the use of Our Site. These Terms can only be modified at the instance of SMPRP and/or the authorized SMPRP Entities without 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.

 

20. 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.