This online
game service accessible via the website located at vietson.com and related
URLs (the "Service") is provided by Vietson, LLC. ("Vietson").
This
agreement ("Agreement") is made between You
(the user of the Service) and Us (Vietson). Your use of the Service is
subject to and governed by this Agreement.
You may not
use the Service if you are under the age of 18, if you are not able to form
legally binding contracts, or if your membership has been suspended by Us. Please read this Agreement carefully before using or
registering for the Service. For purposes of this Agreement, by using or
registering for the Service You become a member of the Service (a
"Member") and You agree to be bound by the terms and conditions of
this Agreement. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT USE OR REGISTER FOR THE SERVICE. WE MAY REVISE THIS AGREEMENT
AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE
BEEN PROVIDED UPON OUR POSTING OF THE REVISED VERSION OF THIS AGREEMENT ON THE
SERVICE. YOUR CONTINUED USE OF THE SERVICE AFTER
SUCH NOTICE INDICATES YOUR CONSENT TO THE REVISED AGREEMENT.
Eligibility
By using the
Service You represent and warrant that You are at
least 18 years old and that You have the authority and capacity to enter into
this Agreement. Your membership in the Service is for Your
personal use. You may not authorize third parties to use Your
membership (including passwords and profiles) and You may not assign or
otherwise transfer Your membership to any other person or entity.
Membership
If You register to become a Member, You agree to provide
accurate, current and complete information about Yourself as prompted by Our
registration forms ("Membership Data"), and to maintain and update such
information to keep it accurate, current and complete. You agree that We may rely on Your Membership Data as accurate, current and
complete. You acknowledge that if Your Membership Data is untrue, inaccurate,
not current or incomplete in any respect We may
terminate this Agreement and Your use of the Service. In such event You shall not be entitled to a refund of any unused fees or
charges you have paid to Us (if any). Please note that We
do not verify information in Member profiles and We have no control over, do
not guarantee, and are not responsible for the quality, truth, accuracy, or
legality of any user's Membership Data.
Fees
We may elect
at any time to charge for the use of all or any portion of the Service. If We do charge for all or a portion of the Service, We will
publish a price list that includes the applicable fees and charges. This price
list and any associated payment terms are hereby incorporated into this
Agreement. We may at any time change any fees or charges for using the Service
by posting any new or revised fees or charges on the Service.
Term
You may
terminate your membership at any time by sending Us
written or email notice of termination in accordance with the termination
procedures set forth in the "Help" section of the Service. Either You or We may
terminate your membership by removing your profile, at any time, for any
reason, with or without explanation, effective upon sending written or email
notice to the other party. Upon such termination by Us
without cause, We shall refund, pro rata, any unused portion of any fees or
charges paid by You to Us (if any). In the event that (i)
You terminate your membership or (ii) We terminate your membership after
determining in our sole discretion that You have violated this Agreement or our
Privacy Policy, You shall not be entitled to any refund of any fees or charges
We have received from You and We may continue to prevent Your use of the
Service in the future.
Member-Submitted Content
You represent
and warrant that the information posted in Your
profile, including Your photograph, is posted by You and that You own or have
all rights necessary to post such information and grant Us the license set
forth immediately below. You grant to Us a non-exclusive, perpetual,
irrevocable license to use, reproduce, publicly display, publicly perform,
distribute, create derivative works of, incorporate into other works,
sublicense and otherwise make available the information and content you submit
for Your profile, including any photographs. You waive any and all moral rights
and any similar rights with respect to such information and content in any
jurisdiction in the world. Other members may post copyrighted information and
you agree that You will not copy, modify, publish,
transmit, distribute, perform, display, or sell any such information posted by
other members in violation of such members' proprietary rights.
Use of the Service
You will use
the Service in a manner consistent with applicable laws and regulations. You
will not include in Your profile any telephone
numbers, street addresses, last names, URLs or email addresses other than in
response to information We request in the information-gathering sections of the
Service. You will not engage in advertising to, or solicitation of, other members
to buy or sell any products or services. You will not transmit any chain
letters, junk email, or similar items to other members. You are solely
responsible for Your interactions with other members.
We reserve the right, but have no obligation, to monitor disputes between You and other members as well as all other activity
involving You and/or other members that takes place on the Service.
You are
solely responsible for the content and information You
publish or display ("post") on the Service or transmit to other
members via the Service. You will not post on the Service, or transmit to other
members or to Us or Our employees, any defamatory, intentionally inaccurate,
abusive, obscene, profane, offensive, sexually suggestive, threatening,
harassing, racially discriminatory, or illegal material, or any material that
infringes or violates another party's rights (including intellectual property
rights and rights of privacy and publicity). You will not post any photos
containing nudity, profanity, or personal information. We reserve the right,
but have no obligation, to reject any profile or photo that does not comply
with the prohibitions set forth in this section and to otherwise remove content
from the Service in our sole discretion.
We have no
responsibility or liability for the deletion, corruption or failure to store
any messages or other content maintained or transmitted on the Service. You
acknowledge that features, parameters or services We
provide as part of the Service may change or be discontinued at any time
without notice to You. We reserve the right to sign out, terminate, delete or
purge Your account and all information and content therein from the Service if
it is inactive, meaning that you have not signed in to the Service for a period
of time determined by Us.
We may
investigate and terminate Your membership if You have
misused the Service, or behaved in a way which could be regarded as
inappropriate (including conduct offensive to our customer service personnel)
or illegal. The following is a partial list of the types of actions that are
prohibited under this Agreement:
You will not
harass or impersonate any person or entity. You will not use any manual or
automatic device or process to retrieve, index, data mine, or, in any way
reproduce or circumvent the navigational structure or presentation of the
Service or its contents. You will not imply that any of Your
statements are endorsed by Us without Our prior written consent. You will not
interfere with or disrupt any portion of the Service or related servers or
networks connected to the Service. You will not post, distribute or reproduce,
in any way, any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such
proprietary rights. You will not remove any copyright, trademark or other
proprietary rights notices contained in the Service or forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
information transmitted through the Service. You will not use meta tags or code or other devices containing any reference
to Us or the Service or the Website connected to the Service in order to direct
any person to any other website for any purpose. You will not modify, adapt,
translate, sell, rent, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Service or any software used on or for the
Service or cause or enable others to do so. You will not post, email or
otherwise transmit via the Service any material that contains software viruses
or any other computer code, files or programs designed to interrupt, harm or
limit the functionality of any computer software or hardware.
Indemnity
You will
defend, indemnify, and hold Us and Our officers, directors, employees, and
agents harmless, for any losses, costs, liabilities and expenses relating to or
arising out of Your use of the Service, including: (i)
Your breach of this Agreement; (ii) any allegation that any information or
content that You submit to Us or transmit to the Service infringes or otherwise
violates the copyright, trademark, trade secret, patent or other intellectual
property or other rights (including rights of privacy and publicity) of any
third party; and (iii) Your activities related to the Service that occur outside
of the Service.
Member Disputes
If You have a dispute with one or more of Our Members, you
release Us (and our officers, directors, agents, subsidiaries, affiliates,
joint ventures, and employees) from any claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way related to such dispute.
Online Content
Opinions,
advice, statements, offers, or other information or content made available
through the Service by parties other than Us are those
of such parties. Such parties are solely responsible for such content. WE DO
NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON
THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY
OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON
THE SERVICE OR TRANSMITTED TO MEMBERS.
We reserve
the right, but have no obligation, to monitor the materials posted in the
public areas of the Service. We shall have the right to remove any such
material that in Our sole discretion violates, or is
alleged to violate, the law or this Agreement. You are solely responsible
for the content of the materials You post in the
public areas of the Service and in Your private email messages.
Intellectual Property
As between You and Us, all intellectual property rights in and to the
Service (other than content or information you post) are and shall be owned by
Us. Those rights include database rights, copyright, design rights (whether
registered or unregistered), patents, trademarks (whether registered or
unregistered) and other similar rights. All other trademarks, logos, service
marks, company or product names owned by third parties and displayed in the
Service are the property of their respective owners.
Disclaimers
WE PROVIDE
THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE. WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT THE SERVICE
WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
We cannot
guarantee that each member of the Service is the required minimum age for any
activity, and we shall have no liability for any content, communication or
other use or access of the Service by persons under the age of 18 or other
required minimum age. You are responsible for verifying the age of other
members. Also, it is possible that other members
(including unauthorized users, or "hackers") may post or transmit
offensive or obscene materials through the Service and that You may be exposed
to such offensive or obscene materials. It also is possible for others to
obtain personal information about You that You post on
the Service. Those others may use your information for purposes other than what
You intended. We are not responsible for the use of
any personal information that You disclose on the
Service. Please carefully select the type of information that You post on the
Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM
OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING
UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE
SERVICE OR OTHERWISE.
Limitation of Liability
IN NO EVENT
WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT AND
YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE OR $100, WHICHEVER IS
GREATER. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS
REGISTERING TO THE SERVICE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT
OR RELATED TO YOUR COMMUNICATIONS WITH OR INTERACTIONS WITH ANY OTHER MEMBER OF
THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.
Privacy
The personal
information (including sensitive personal information) You
provide to Us will be stored on servers. You consent to the use this
information to create a profile of interests, preferences and browsing
patterns, to enable your participation in the Service, and to improve the
Service generally. You also agree to the terms of Our Privacy Policy. If you
are located outside of the United States,
please be aware that the information that you provide is being sent to the United States.
By becoming a Member of the Service, you consent to your data being sent to the
United States
and to such other third parties and jurisdictions as may be involved in the
provision and operation of the Service.
You consent
to receiving email communications initiated by Us or
on Our behalf, including: message notification emails, emails informing you
about events and parties, emails informing You of changes to the Service and
emails informing You of promotions provided by Us or third parties. If you
respond to promotions that are provided by third parties and thereby disclose
information to such third parties or any third party service providers or grant
them permission to collect information about you, their use of your information
will be governed by their privacy policies.
Dispute Resolution
This
Agreement is governed by the laws of the State of California. You agree to personal
jurisdiction by and exclusive venue in the courts located in Alameda County, California
with regard to any and all claims by you arising out of or related to the
Service.
Other
Our failure
to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be void, invalid or
unenforceable, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision. In such
case, the other provisions of this Agreement shall remain in full force and
effect. This Agreement represents the entire agreement between You and Us regarding your use of the Service and supersedes
all other agreements, whether oral or written, regarding such use.