Terms of Use

Last Modified: 20 January 2019

Thank you for visiting our website (jasmincasumpang.com). Our website, and content are provided by Jasmin Joan M. Casumpang (“Jasmin Casumpang,” “we,” “us,” or “our”).

For ease of reference, here are the definitions of the key terms in this document:

• Our website refers to the site located at jasmincasumpang.com and all the pages under this domain (collectively, “Website”).
• Our Website is free to use with a selection of free blog posts, guides, videos, and ebooks (collectively, “Free Content”).

This Terms of Use agreement (“Terms,” “Agreement”) is a legal document that covers your use and access to our Website.  Please take a moment to familiarize yourself with our Terms and contact us if you have any questions.

THIS AGREEMENT INCLUDES (1) A BINDING ARBITRATION PROVISION, AND (2) CLASS ACTION WAIVER, WHICH IS A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS CAREFULLY.

By accessing or using Website, you agree to be bound by these Terms, which will be updated from time to time in accordance with Section 19 below. IF YOU DO NOT AGREE TO ANY OF OUR TERMS, PLEASE DO NOT USE OR ACCESS OUR WEBSITE AND DELETE ALL OUR DATA IN YOUR POSSESSION IMMEDIATELY.

1. Your Privacy. Your privacy is very important to us. We created our Privacy Policy to disclose how we collect and use your information. By using our Website, you agree that we can use such data in accordance with our Privacy Policy.
2. Eligibility. Our Website is not intended for use by anyone under the age of 13. By using our Website, you warrant to us that you are 13 years of age or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
3. Intellectual Property.
   1. Unless otherwise indicated, our Website and all content and materials on or made available via our Website, including without limitation our blogs posts, videos, guides, and website source code, are the proprietary property of Jasmin Casumpang and its respective licensors and are protected by applicable copyright laws. You do not acquire any ownership rights to any of the materials on or made available via our Website. Any use, copying, redistribution and/or publication of any part of the Website, other than as expressly provided in these Terms, is strictly prohibited.
4. Non-Disclosure of our Confidential Information. 
   1. You acknowledge that certain materials on or made available via our Website and our communications to you may contain our Confidential Information. “Confidential Information” means information that we regard as proprietary or confidential relating to our business, business plans, strategies, methods, processes, and/or practices that are not known to the public and is provided to you in connection with your access to, or use of, our Website.
   2. The following obligations exclude Confidential Information that: (a) is part of the public domain without any breach of these Terms by you; (b) you already knew prior to the disclosure of our Confidential Information as documented by written records; or (c) is rightly given to you by a third party without confidentiality obligation, independent of any use of or access to our Website.
   3. You agree to: hold our Confidential Information in the strictest confidence, not use it except as permitted with your use of our Website under these Terms, and not disclose it to any third party without our prior written consent unless you are required to disclose it by law.
   4. You agree that in the event of any unauthorized disclosure of our Confidential Information, it may cause irreparable harm to us and we will, therefore, be entitled to immediate injunctive and other equitable relief, in addition to any other available remedies, without bond and without the necessity of showing actual monetary damages.
5. Scope of Use — Permissions and Restrictions.
   1. Ownership of Rights. No right, title, or interest in and to our Website or any of the materials on or made available via our Website is transferred to you as a result of you accessing or using such materials. Jasmin Casumpang and its licensors retain all rights in, title to, interest in, and ownership of (including all intellectual property rights in and to) our Website, materials on or made available via our Website, Terms, Privacy Policy, and Confidential Information (collectively, “Intellectual Property”). All rights not expressly granted to you in these Terms are reserved by Jasmin Casumpang.
   2. Free Content. As a visitor, you are authorized to access and use our Website and Free Content for your informational use, subject to these Terms. In addition, you are granted a personal, non-sublicensable, non-exclusive, revocable, and limited license to (a) distribute and reproduce; or (b) create derivative works of our Free Content, subject to the terms in this Agreement and the following terms:
      1. The platform you are reproducing our Free Content on does not have any unlawful or objectionable content;
      2. You must provide (a) clear attribution to Jasmin Casumpang by name and (b) a visible and human- and machine-followable link back to jasmincasumpang.com (or the URL the content is taken from our Website) on all places where our Free Content is used;
      3. For downloadable resources, please link to our webpage where the resource can be found. Do not link directly to the resource. Do not hotlink any images on our articles, but upload them to your server. When sharing our free videos, please embed them directly from our YouTube channel; do not upload our videos anywhere.
      4. You may create derivative works of our Free Content, subject to these Terms, provided that they stay true to the message of the Free Content. For example, you may translate one of our articles to another language provided that the translation is true to the message of the article. You may not use our material for satire, to spread hate, or in any way not true to the intent or purpose of the content.
      5. You agree not to: (a) remove, obscure, or alter any watermark or copyright notices; (b) resell, lease, rent, or sublicense our Free Content; (c) frame or utilize framing techniques to enclose our Website or Free Content; or (d) reproduce our Free Content in an unreasonable way as determined by Jasmin Casumpang.
      6. While we are fairly flexible in allowing others to use our free content, please do not copy and paste an unreasonable number of our articles (more than 10) on your website. You may not aggregate our RSS feed and by extension, our content, as part of another blog. This includes the use of any robot, spider, crawler, scraper, or other automated means or interfaces not provided by us to access or extract our content.
      7. You may not: present our Free Content in a way that looks like you have a relationship with us or that we have endorsed you for any purpose.
      8. This license does not apply to the intellectual property of any third party, such as images not created by Jasmin Casumpang. Please contact the respective owners for their permission.
   3. Site Design. You may not copy our Site Design in any way. “Site Design” means, without limitation, our HTML code, CSS, logo, look and feel of our Website, and graphics. You shall not: extract or reverse engineer any part of our Site Design; create derivative works of our Site Design; or create another website with a similar look and feel as our Website.
   4. No Other Rights. Except for the express rights contained in these Terms, Jasmin Casumpang grants you no other rights or licenses (whether express, implied, by virtue of estoppel or exhaustion, or otherwise) to our Intellectual Property.
6. User Content.
   1. As a user, you may post, submit, or share content to interactive areas of our Website, such as blog comments and social media pages. Content includes, without limitation, comments, images, videos, audio, feedback, and accompanying information such as your name and profile photo (collectively “User Content”). You understand that Jasmin Casumpang does not guarantee any confidentiality with respect to the User Content you submit.
   2. You are solely responsible for your User Content and the consequences of submitting and publishing your User Content on our Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit; and you license to Jasmin Casumpang all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on our Website pursuant to these Terms. Please do not post content that you don’t have the rights to publish.
   3. You retain ownership rights of your User Content. However, by submitting User Content to our Website, you grant Jasmin Casumpang and our sublicensees a worldwide, non-exclusive, royalty-free, freely sublicenseable, transferable, perpetual, and irrevocable license to use, store, reproduce, publish, perform, display, modify, adapt, and create derivative works of such User Content in connection with our Website and our business, including without limitation for improving and promoting our Website, in any media format and through any medium. If you wish to keep any information private or proprietary, please do not post them anywhere on or via our Website. This license you grant survives even if you stop using our Website.
   4. Jasmin Casumpang reserves the right (but is not obligated to) screen, edit, monitor, or delete any of the User Content posted on our Website, in our sole discretion, at any time and for any reason without notice. We are not obligated to store any User Content and it may be removed or deleted at any time.
7. Your Communications to Us. Separate from User Content, you may submit communications directly to us, including without limitation messages sent via the contact forms on our Website, audio clips, emails, and private messages sent via social media (collectively, “User Communications”).
   1. To avoid any misunderstanding if your ideas are similar to the ones we have developed independently, please do not send to us anything that you consider proprietary or confidential. You agree that all User Communications sent to us shall become property of Jasmin Casumpang.
   2. Furthermore, you acknowledge that your communications with and to us, including, without limitation, feedback, questions, comments, and thank-you messages, are non-confidential. We are free to, in our sole discretion, edit them for clarity and publish them on our Website for any purpose, such as to improve our Website, as a testimonial for our Website, or to help other users with similar problems, and to associate them with accompanying information such as your name and profile picture (absent your email address). We may use User Communications for any purpose without compensation or attribution to you.
8. User Guidelines. As a user of our Website, you have the responsibility to comply with our guidelines. This includes the following commitments:
   1. You will behave respectfully in all your communications with us or any user through our Website.
   2. You will not bully, intimidate, or harass any user.
   3. You will not post anything that is unlawful, defamatory, graphic, or otherwise objectionable.
   4. You will not engage in spammy behaviour, including: posting comments for “link building” purposes; sending unsolicited messages; or sending messages with the intention of promoting your website, business, product, or service.
   5. You will not harvest any information through our Website, including email addresses and user information, for any purpose.
   6. You will not do anything that could disable, overburden, damage, or impair the operation, functionality, or appearance of our Website.
   7. You will not obtain or attempt to obtain unauthorized access, via whatever means, to any of Jasmin Casumpang’s accounts and systems. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Website.
   8. You will not access materials that you do not have authorization for.
   9. You will not do or post anything that infringes or violates someone else’s rights.
   10. You will not use our Website for any purpose that is unlawful or prohibited by these Terms.
9. Third-Party Services. Our Website may contain links and references to third-party websites and services that are not owned by Jasmin Casumpang (collectively “Third-Party Services”), such as third-party websites plugins, reviews of third-party services, co-branded services, or any third-party content. We have no control over and assume no responsibility for Third-Party Services. Your use of any Third-Party Services is at your own risk. Please review the applicable terms and privacy policies of any Third-Party Services that you navigate to from our Website.
10. No Warranties; Limitation of Liability.
    1. OUR WEBSITE IS MEANT FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT MEANT TO BE A SUBSTITUTE FOR MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO, AND USE OF, OUR CONTENT AND WEBSITE IS AT YOUR SOLE RISK AND THAT OUR CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
    2. NO CONDITIONS, WARRANTIES OR OTHER TERMS APPLY TO ANY OF THE CONTENT SUPPLIED BY JASMIN CASUMPANG AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, SUPPLIERS, LICENSORS, LICENSEES, OR SUCCESSORS (“RELATED PARTIES“) UNLESS EXPRESSLY SET OUT IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JASMIN CASUMPANG AND RELATED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    3. ADDITIONALLY, JASMIN CASUMPANG DOES NOT WARRANT TO YOU THAT:
       1. OUR WEBSITE WILL MEET YOUR NEEDS AND REQUIREMENTS;
       2. OUR WEBSITE WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE;
       3. OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR CONTINUE TO EXIST;
       4. ANY DEFECTS, ERRORS, OR PROBLEMS IN OUR CONTENT, INCLUDING IN THE MATERIALS ON OR MADE AVAILABLE VIA OUR WEBSITE, WILL BE CORRECTED.
    4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JASMIN CASUMPANG AND RELATED PARTIES ARE NOT LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR OTHER LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER OR NOT JASMIN CASUMPANG AND RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    5. JASMIN CASUMPANG IS NOT LIABLE FOR ANY CONTENT CREATED OR CONTRIBUTED BY, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF, ANY USER OF OUR WEBSITE OR OTHER THIRD PARTIES.
11. Indemnity. You agree to defend, indemnify, and hold harmless Jasmin Casumpang and Related Parties from and against any claim, suit or action, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, arising from or related to (a) your use of our Website, (b) your violation of any of these Terms, and/or (c) your violation of any third party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.
12. Copyright Infringement. Jasmin Casumpang respects the intellectual property rights of others. If you believe that a material located on Jasmin Casumpang violates your copyright, please notify us via the contact form on this page. Upon receipt of a valid and complete notice, we will take the appropriate action and disable access to or remove the infringing material.
13. Controlling Law. These Terms, including disputes arising out of or in relation to a violation of Section 4 (“Confidential Information”) or the infringement of our intellectual property rights, shall be governed in all respects by the laws of the Republic of the Philippines, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms, the Terms will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
14. Disputes. We hope we will never have a dispute, but if we do, this Section governs how disputes will be handled.
    1. Informal Dispute Resolution. Except for disputes arising out of or in relation to a violation of Section 4 (“Confidential Information”) or the infringement of our intellectual property rights, you and Jasmin Casumpang shall seek to resolve any disagreements, controversies, disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or in relation to these Terms or our Website, including any question regarding these terms’ existence, validity or termination, amicably and in good faith through discussions between you and Jasmin Casumpang hereto. If you have any such Disputes, please reach us via the contact form on this page. If the Dispute is not resolved through discussion between you and Jasmin Casumpang within forty-five (45) days, then either you or Jasmin Casumpang may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding.
    2. Binding Arbitration. Any Dispute that remains unresolved after the informal dispute resolution described in Section 18.1, except for Disputes arising out of or in relation to a violation of Section 4 (“Confidential Information”) or the infringement of our intellectual property rights, shall be settled by binding arbitration. You and Jasmin Casumpang agree (a) to waive your and Jasmin Casumpang’s respective rights to have any such Disputes resolved in a court, and (b) to waive your and Jasmin Casumpang’s respective rights to a jury trial. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration shall be administered by the Philippine Dispute Resolution Center (“PDRC”) in accordance with the Arbitration Rules of the Philippine Dispute Resolution Center (“PDRC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be the Philippines. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. All information relating to or disclosed by any party in connection with the arbitration of any Disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
    3. Class Action Waiver. You and Jasmin Casumpang agree that any Disputes arising out of or in relation to these Terms or our Website is personal to you and Jasmin Casumpang and that you may only resolve Disputes with us on an individual basis, and not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
    4. Injunctive Relief. You agree that in the event of a breach or threatened violation of our intellectual property rights and Confidential Information by you, we will suffer irreparable harm. We will therefore be entitled, in addition to all other available remedies, to seek temporary and permanent injunctive relief against any such breach or threatened violation in any court of competent jurisdiction, without the necessity of showing monetary damages.
    5. Limitation on Actions. EXCEPT FOR DISPUTES ARISING OUT OF OR IN RELATION TO A VIOLATION OF SECTION 4 (“CONFIDENTIAL INFORMATION”) OR THE INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND JASMIN CASUMPANG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR OUR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Changes to Terms. These Terms is effective as of the date specified at the top of this page. We may modify these Terms at any time and in our sole discretion. If we make changes, we will provide notice by revising the “Last Updated” date at the top of these Terms. Each time you access our Website, you need to review the Terms upon which access to and use of our Website is conditioned. By accessing or using our Website after we make any such changes, you are regarded to have accepted the modified Terms.
16. Termination. 
    1. Termination by You. If you wish to terminate these Terms, simply discontinue your access to and use of our Website, and delete all our data and materials in your possession.
    2. Termination by Us.
       1. Violation of any of our Terms will result in (i) the revoking of your access to all or any part of our Website, and (ii) your payment of any damages or losses arising from the infringement of our copyright. 
       2. We reserve the right, in our sole discretion, to (i) suspend or terminate your access to and use of all or any part of our Website, (ii) block your future access to and use of our Website, and (iii) terminate these Terms (or any portion thereof), at any time, without notice. We reserve the right to terminate or deny our Website to anyone, at any time, without reason.
    3. Effect of Termination. Upon termination (whether by you or Jasmin Casumpang), you will immediately stop accessing and using all our Intellectual Property and delete all our data in your possession. At our request, you will certify in writing your deletion of all our Intellectual Property that was in your possession.
    4. Survival. All Sections and provisions of these Terms which by their nature should survive termination will continue to remain in effect even upon termination of these Terms, including, without limitation: “Intellectual Property,” “Non-Disclosure of Confidential Information,” “Payment Terms” (until you pay all fees that are due), “No Warranties; Limitation of Liability,” “Indemnity,” “Disputes,” “Termination,” and “Miscellaneous.”
17. Miscellaneous.
    1. Entire Terms. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the Website, and supersedes all prior agreements, oral or written, between you and us with respect to the subject matter hereof.
    2. No Waiver. The failure (or delay) to exercise any rights under these Terms shall not be treated as a waiver of any rights. A waiver will be effective only if Jasmin Casumpang expressly states in writing that Jasmin Casumpang is waiving a specified provision of the Terms.
    3. Severability. If a provision of these Terms is found to be unenforceable, such provision will be modified by a court of competent jurisdiction to create an enforceable provision to reflect the parties’ original intention as closely as possible. If that is not possible, then the provision shall be deemed deleted and the rest of the Terms shall remain in full force and effect.
    4. Successors. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.