Your use of this VinaTouch web site, which includes all
content, information, and services under the VinaTouch.com domain, (the
"Website" or "Site") is subject to the terms and conditions
set forth below.
VISITORS TO THIS WEB SITE ARE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS ("TERMS"), SO PLEASE READ THE FOLLOWING TERMS CAREFULLY
BEFORE CONTINUING TO USE THIS SITE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
IF YOU USE THIS WEBSITE IN A MANNER INCONSISTENT WITH THESE TERMS AND
CONDITIONS, VinaTouch MAY TERMINATE YOUR ACCESS, BLOCK YOUR FUTURE ACCESS
AND/OR SEEK SUCH ADDITIONAL RELIEF AS THE CIRCUMSTANCES OF YOUR MISUSE INDICATE
IS PROPER. IF YOU HAVE ANY
QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US.
Disclaimer
of Warranties, Inaccuracies or Errors
1.
Although VinaTouch tries to ensure that all information and recommendations,
whether in relation to the products, services, facilities, offerings or
otherwise (hereinafter "Information") provided as part of this Web
Site is correct at the time of inclusion on the Website, VinaTouch does not
guarantee the accuracy of the Information.
VinaTouch makes no representations or warranties as to the completeness or
accuracy of Information.
2.
VinaTouch makes no commitment to update or correct any Information that appears
on the Internet or on this Website.
3.
Information is supplied upon the condition that the persons receiving the same
will make their own determination as to its suitability for their purposes
prior to use or in connection with the making of any decision.
No Information at this Website shall constitute an invitation to invest
in VinaTouch or any affiliates. Any
use of this Website or the Information is at your own risk. Neither VinaTouch
and its affiliates, nor their respective officers, employees or agents shall be
liable for any loss, damage or expense arising out of any access to, use of, or
reliance upon, this Website or the Information, or any web site linked to this
Website.
4.
Nothing contained herein is to be construed as a recommendation to use any
product, process, equipment or formulation, in conflict with any patent, or
otherwise and VinaTouch makes no representation or warranty, express or implied
that, the use thereof will not infringe any patent, or otherwise.
THIS WEBSITE/INFORMATION IS PROVIDED TO YOU ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY.
VINATOUCH, FOR ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES AND ANY THIRD
PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY
PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. VINATOUCH WILL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE
OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF VinaTouch HAS
PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES,
VINATOUCH'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Availability
1.
VinaTouch makes no representation that the materials on this website are
appropriate or will be available for use in any locations outside the
United
States
. You are entirely responsible for ensuring that your use of this Website is in
compliance with all applicable laws.
2.
Information that VinaTouch publishes on the World Wide Web may contain
references or cross references to VinaTouch products, programs and services
that are not offered or available in your country. Such references do not imply
that VinaTouch offers or intends to offer such products, programs or services
in your country. Please contact us
for information regarding the products, programs and services that may be
available to you.
Third Party Interaction and
Links to Third Party Sites
1.
In your use of the Website, you may enter into correspondence with, purchase
goods and/or services from, or participate in promotions of advertisers or
members or sponsors of the Website. Unless otherwise stated, any such
correspondence, advertisement, purchase or promotion, including the delivery of
and the payment for goods and/or services, and any other term, condition,
warranty or representation associated with such correspondence, purchase or
promotion, is solely between you and the applicable third party. You agree that
VinaTouch has no liability, obligation or responsibility for any such
correspondence, purchase or promotion between you and any such third party.
2.
This Web Site may be linked to other web sites on the World Wide Web that are
not under the control of or maintained by VinaTouch. Such links do not indicate
any responsibility or endorsement on our part for the external website
concerned, its contents or the links displayed on it.
These links are provided only as a convenience, in order to help you
find relevant websites, services and/or products that may be of interest to
you, quickly and easily. It is your
responsibility to decide whether any services and/or products available through
any of these web sites are suitable for your purposes.
VinaTouch is not responsible for the owners or operators of these
websites or for any goods or services they supply or for the content of their
websites and does not give or enter into any conditions, warranties or other
terms or representations in relation to any of these or accept any liability in
relation to any of these (including any liability arising out of any claim that
the content of any external web site to which this Website includes a link
infringes the intellectual property rights of any third party).
Copyrights
1.
This Website contains material, including text, graphics and sound, which is
protected by copyright and/or other intellectual property rights.
All copyright and other intellectual property rights in this material
are either owned by VinaTouch or have been licensed to VinaTouch by the
owner(s) of those rights so that it can use this material as part of this
Website. VinaTouch retains copyright on all Information, including text,
graphics and sound and all trademarks displayed on this Website are owned by or
licensed to VinaTouch.
2.
You may:
-
use and display the materials only on your personal computer only for personal
use. VinaTouch grants you a
limited, personal, non-exclusive and non-transferable license only for such
use.
-
print copies of the information on this Site for your personal use and store
the files on your computer for personal use.
3.
You may not, without our prior written consent:
a.
copy (whether by printing off onto paper, storing
on disk, downloading or in any other way), distribute (including distributing
copies), download, display, perform, reproduce, modify, edit, alter, enhance,
broadcast or tamper with in any way or otherwise use any material contained in
the Website except as set out under "You may". These restrictions
apply in relation to all or part of the material on the Website;
b.
copy and distribute this Information on any other
server, or modify or re-use text or graphics on this system or another system.
No reproduction of any part of the Website may be sold or distributed
for commercial gain nor shall it be modified or incorporated in any other work,
publication or website, whether in hard copy or electronic format, including
postings to any other website.
c.
remove any copyright, trade mark or other
intellectual property notices contained in the original material from any
material copied or printed off from the Website;
d.
link to this Website.
4.
If you engage in correspondence with us, you agree to grant us a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sublicense, to
reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any information you provide to us in such correspondence.
You also grant to VinaTouch the right to use your name in connection
with the information you provide to us in the correspondence as well as in
connection with all advertising and promotional material related thereto.
You agree that you shall have no recourse against VinaTouch for any
alleged or actual infringement or misappropriation of any proprietary right in
your correspondence with us.
Trademarks
"VinaTouch" and all products and logos denoted with
T or ® are trademarks or registered trademarks of VinaTouch or its affiliates.
VinaTouch trademarks may not be used in connection with any product or
service that is not a VinaTouch product or service.
General Terms and Conditions
1.
You acknowledge that VinaTouch will have the right to report to law enforcement
authorities any actions that may be considered illegal, as well as any
information it receives of such illegal conduct.
When requested, VinaTouch will co-operate fully with law enforcement
agencies in any lawful investigation of alleged illegal activity on the
Internet.
2.
Submissions and unauthorized use of any materials contained on this Website may
violate copyright laws, trademark laws, the laws of privacy and publicity,
certain communications statutes and regulations and other applicable laws and
regulations. You alone are
responsible for your actions or the actions of any person using your user name
and/or password. As such, you shall
indemnify and hold VinaTouch, its affiliates and their respective officers,
directors, employees, affiliates, agents, licensors, and business partners
harmless from and against any and all loss, costs, damages, liabilities, and
expenses (including attorneys' fees) incurred in relation to, arising from, or
for the purpose of avoiding, any claim or demand from a third party that your
use of the Website or the use of the Website by any person using your user name
and/or password (including without limitation your correspondence with us)
violates any applicable law or regulation, or the rights of any third party.
VinaTouch reserves the right to terminate access to this Website at any
time and without notice. Furthermore,
this limited license terminates automatically, without notice to you, if you
breach any of these Terms. Upon
termination, you must immediately destroy any downloaded and printed materials.
3.
VinaTouch may at any time revise the Terms by updating the then-current version
thereof posted on this Website. By using this Website, you agree to be bound by
any such revisions and should therefore periodically visit this page of this
Website to determine the most current version of the Terms to which you are
bound. Certain provisions of the
Terms may be superseded by expressly designated legal notices or terms located
on particular pages at this Website.
In particular, if you are a VinaTouch customer and there is any conflict
between these Terms on the one hand, and the Customer Services Agreement on the
other, the latter shall prevail.
4.
VinaTouch may change the format and content of this Website at any time.
VinaTouch may suspend the operation of this Web Site for support or maintenance
work, in order to update the content or for any other reason.
5.
Personal details provided to VinaTouch through this Website will only be used
in accordance with our privacy policy.
Please read this carefully before proceeding.
By providing your personal details to us, you are consenting to its use in
accordance with our privacy policy and these Terms.
6.
If you have a question or complaint, please contact us at as provided below.
Undertaking, representation and
covenants of the user: When using
this Website, you expressly undertake, represent and covenant that you shall
not:
1.
Restrict or inhibit any other user from using or enjoying this Web Site,
including without limitation by means of "hacking" or defacing any
portion of this Website;
2.
Transmit any information or software that contains a virus, worm, time bomb,
Trojan horse or other harmful or disruptive component;
3.
Reproduce, duplicate, copy, sell, resell or exploit for any commercial or
unlawful purposes, the Information or any portion thereof, your right to use
this Website, or your right to access any services offered or made available on
or through this Website.
4.
Remove or modify any copyright, trademark, or other proprietary rights notices
contained in this Website or on any material downloaded from the Website;
5.
Submit particulars that you do not have the right or authority to submit under
any law or any contractual or fiduciary relationship (such as trade secrets and
confidential information);
6.
Post or transmit to or from this Website any unlawful, threatening, libelous,
defamatory, obscene, pornographic, offensive, hateful or other similar
material;
7.
Use the Website to conduct, or solicit the performance of, any unlawful
activity or other activity which infringes the rights of others;
8.
Interfere with or disrupt (e.g. through "denial of service" attack of
any kind) the Website or any services provided thereon or thereby, or any
servers or networks connected to the Website, or disobey any requirements,
procedures, policies or regulations of networks connected with the Website;
9.
Frame or mirror any part of the Website without VinaTouch's prior written
authorization;
10. Use any
robot, spider, scraper, site search/retrieval application, or other 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 Website or the Information provided on this Website, without our written
authorization; or
11. Violate
any law, regulation or contract.
12. You will
not impersonate any person or entity, misrepresent your affiliation with a
person or entity, or misrepresent the origin of any content posted on or
distributed through the Site.
Indemnification
You agree to indemnify, defend and hold VinaTouch, its
affiliates and any of its and their directors, employees, advisors, suppliers,
advertisers, agents or sponsors harmless from and against any and all claims,
damages, losses, costs (including, without limitation, reasonable attorneys'
fees) or other expenses that arise directly or indirectly out of or from (i)
your breach of these Terms; (ii) your violation of the undertaking,
representation and covenants mentioned above; and/or (iii) your activities in
connection with this Website.
Miscellaneous
In the event any provision of these Terms is determined by a
court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable, such provision shall be deemed to have been deleted from these
terms and conditions, while the remaining provisions shall remain in full force
and effect. VinaTouch's failure to
insist upon or enforce strict performance of any provision of these Terms shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of these Terms.
Applicable Law and Jurisdiction
These Terms are governed by and to be interpreted in
accordance with laws of State of California applicable to agreements made and
to be performed in California, without regard to the choice or conflicts of law
provisions of any jurisdiction. You
agree, in the event of any dispute arising in relation to these terms and
conditions or any disputes arising in relation to the Website, whether in
contract or tort or otherwise, to submit to the exclusive jurisdiction of the
federal and state courts of competent jurisdiction sitting in
New
York
for the resolution of all such disputes.
Any claim or cause of action you may have with respect to this Website must be
commenced within one year after the claim or cause of action arises or else
such claim or cause of action is barred.