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TERMS AND CONDITIONS

WebSoSanh Terms and Conditions

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Welcome to WebSoSanh. These are our terms and conditions for use of our websites and applications (our Products), which you may access in several ways, including but not limited to the World Wide Web via websosanh.vn, digital television, mobile phone and RSS feeds.

By accessing our Products, you agree to be bound by these terms and conditions.

1. Registration

You may access areas of our Products that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering with our Products, you agree that:

(i) Your account and password are personal to you and may not be used by anyone else;

(ii) You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of our Products; and

(iii) You will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

2. Termination of Registration

If you no longer wish to have a registered account, you may terminate your account by sending an email to contact@websosanh.vn. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using our Products. Continued use of our Products indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of our Products immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Use of material appearing on our Products

Your use of our Products is for your own personal and non-commercial use only. You acknowledge that, as between WebSoSanh and you, except for user content and advertisements (as discussed below), WebSoSanh is the sole owner of all content in our Products, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material.

Content in our Products are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.

You may download and print extracts from our Products for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.

You may not use any content in our Products for any other purpose without our prior written approval.

Except as expressly authorised by the WebSoSanh, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing in our Products.

For all other inquiries about distribution or reproduction of the materials, please contact contact@websosanh.vn.

4. Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in our Products. Nothing in our Products is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to our Products.

You can access other sites via links from our Products. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning our Products. In particular, we do not warrant that our Products are virus-free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to our Products, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

If you are accessing our Products from the United States or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.

5. Third party advertising in our Products

You will see advertising material submitted by third parties in our Products. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

6. User content

Users of our Products may be permitted to submit content for publication in various areas in our Products. Interactions with our site are governed by our Community Standards and Participation Guidelines which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments in our Products.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it in to our Products.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content in our Products or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content.

You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of WebSoSanh, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on our Products.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use our Products to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of our Products or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of our Products, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use our Products for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of our Products may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. WebSoSanh assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to our Products.

If you are under 16, you confirm that you have permission of your parent or guardian to submit content.

Any queries regarding copyright and your content should be directed in the first instance to contact@websosanh.vn.

7. Apps

You may download and use certain WebSoSanh mobile apps (“Apps”). All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to our Products).

In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.

8. Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others.

9. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on our Products. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use our Products after it has been posted.

10. Governing law & jurisdiction (except for US users)

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of our Products in the United States is governed by Section below entitled Governing law & jurisdiction (for US users).

11. Indemnification

You agree to defend, indemnify, and hold harmless WebSoSanh, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

12. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of WebSoSanh.

13. Additional disclaimers

Users of our Products agree that their use is at their own sole risk. Our Products are provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content in our Products; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. WebSoSanh also makes no representations and warranties as to any linked sites and WebSoSanh has no liability or responsibility with respect to your use of such sites. In some instances, content made available in our Products may represent the opinions and judgments of providers or users, such as user content. WebSoSanh and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made in our Products by anyone other than authorised WebSoSanh employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by our Products, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available in our Products; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. WebSoSanh does not warrant or guarantee that access to our Products will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

14. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL WebSoSanh OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR PRODUCTS, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OUR PRODUCTS. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF WebSoSanh SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, WebSoSanh LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING WebSoSanh’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

 

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