Terms of Use
By using any of our product, you agree with us:
A. AGREEMENT:
This End-User License Agreement (including the Supplemental
Terms, as applicable) (“EULA”) is a legal agreement between you and IAC
Search and Media Europe, Ltd., an Irish registered company with company
number 373923 and its registered office at Unit 1, Digiweb Building, College
Business and Technology Park, Blanchardstown North Road, Dublin 15 Ireland
(“IAC”, “we”, “us” or “our”) which governs your use of our Apps. By
installing or otherwise using the our Apps, you: (a) agree to be bound by
the terms and conditions of this EULA, (b) you represent and warrant that
you own or control the mobile device in which our App will be installed, and
(c) you represent and warrant that you have the right, authority and
capacity to enter into this EULA and to abide by all its terms and
conditions, just as if you had signed it. The terms and conditions of this
EULA also apply to any our App updates, supplements, and services that are
not provided under a separate license or other agreement with us. If you do
not agree to the terms and conditions of this EULA, do not install or use
any our App. We may amend these terms and conditions from time to time. If
the changes include material changes that affect your rights or obligations,
we will notify you of the changes by reasonable means. You acknowledge that
an in-app message which notifies you of such changes when you open up the
our App shall constitute reasonable means. Your continued use of the
VietPhap Apps after we post any amendments to this EULA will signify your
acceptance of such amendments. If you do not agree with any amendment, you
must discontinue using the VietPhap Apps. If you have any questions or
concerns regarding the terms or conditions herein. Do not use the VietPhap
Apps until your questions and concerns have been answered to your
satisfaction and you agree to abide by the EULA.
Notice to consumers:
Depending on the laws of the jurisdiction where you live, you may have
certain rights that cannot be waived through this EULA and that are in
addition to the terms of this EULA, and certain provisions of this EULA may
be unenforceable as to you. To the extent that any term or condition of this
EULA is unenforceable, the remainder of the EULA shall remain in full force
and effect.
Use of our Apps is subject to our Privacy Policy, which is
hereby incorporated into this EULA by reference; the use of app (including
updates and successor apps thereto) is subject to our Policy This EULA also
includes any additional payment terms and other requirements set forth on
the download or purchase page through which you purchase or download the
Apps. Our Apps may be available through marketplaces that distribute mobile
applications and that may have additional terms, conditions and usage rules
that govern your use of our Apps if you download or install our Apps through
such marketplaces.
B. AGE REQUIREMENT:
NOTICE TO PARENTS AND GUARDIANS: By granting your
child permission to download and access an app from us, you agree to the
terms and conditions of this EULA on behalf of your child. You are
responsible for exercising supervision over your children’s online
activities. If you do not agree to this EULA, do not let your child use our
apps or associated features. If you are the parent or guardian of a child
under 13 and believe that he or she is using the Apps, please contact us.
C. GRANT OF LICENSE:
Subject to your compliance with the terms and
conditions of this EULA, IAC grants you a limited, non-exclusive, revocable,
non-sublicensable, non-transferable license, to access, download and install
the most current generally available version of the VietPhap Apps on a
single, authorized mobile device that you own or control solely for your
lawful, personal, and non-commercial entertainment use.
D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
1. Restricted Use. You may
not rent, sell, lease, sublicense, distribute, assign, copy (other than a
single copy for your own backup purposes), or in any way transfer or grant
any rights to the VietPhap Apps or use the VietPhap Apps for the benefit of
any third party. Unless expressly authorized by IAC or permitted under the
applicable mobile platform terms, you are prohibited from making the
VietPhap Apps available over a network where it could be downloaded or used
by multiple users. You agree that you will not use any robot, spider, other
automatic or manual device or process to interfere or attempt to interfere
with the proper working of the VietPhap Apps, except to remove our VietPhap
Apps from a mobile device which you own or control. You may not violate or
attempt to violate the security of our services. You may not modify,
reverse-engineer, decompile, disassemble, or otherwise tamper with any
VietPhap Apps, or attempt to do so for any reason or by any means. You may
not access, create or modify the source code of any VietPhap Apps in any
way. You do not have the right to and may not create derivative works of any
VietPhap Apps or any portions thereof. All modifications or enhancements to
the VietPhap Apps remain the sole property of IAC.
2. Apps Updates. We
reserve the right to add or remove features or functions to existing our
Apps. When installed on your mobile device, our Apps periodically
communicate with our servers. We may require the updating of our Apps on
your mobile device when we release a new version of our apps, or when we
make new features available. This update may occur automatically or upon
prior notice to you, and may occur all at once or over multiple sessions.
You understand that we may require your review and acceptance of our
then-current EULA before you will be permitted to use any subsequent
versions of our Apps. You acknowledge and agree that any obligation we may
have to support previous versions of our Apps may be ended upon the
availability of updates, supplements or subsequent versions of our Apps. You
acknowledge and agree that we have no obligation to make available to you
any updates, supplements or subsequent versions of our Apps.
3. Access.
You must provide at your own expense the equipment, Internet connections,
devices and service plans to access and use the VietPhap Apps. If you access
an VietPhap App through a mobile network, your network or roaming provider’s
messaging, data and other rates and fees may apply. You are solely
responsible for any costs you incur to access the VietPhap Apps from your
device. Downloading, installing or using certain VietPhap Apps may be
prohibited or restricted by your network provider and not all VietPhap Apps
may work with your network provider or device. IAC makes no representation
that the VietPhap Apps can be accessed on all devices or wireless service
plans. IAC makes no representation that the VietPhap Apps are available in
all languages or that the VietPhap Apps are appropriate or available for use
in any particular location.
4. Purchases & Cancellation Rights.
(A)
Where you purchase from a third party: Certain VietPhap Apps are available
for purchase from a mobile platform owner (e.g. Apple or Google) and/or will
allow you to make an in-application purchase. Payment for such purchases may
be processed by third parties who act on our behalf or directly by the
mobile platform owner. European Union residents normally have a right to
cancel online purchases within 14 days of making them. Please note and
acknowledge: if you are resident in the European Union and download an
VietPhap App from a mobile platform owner (e.g. Apple or Google), you may
not be able to cancel your order or obtain a refund. Please review the
mobile platform owner’s terms in this regard before purchase. This may also
apply to subscriptions and in-app purchases. You can find further
information on cancelling orders and any associated refunds on the website
of the third party re-seller from whom you purchased the app (for example,
the Apple App Store or the Google Play Store).
(B) Where you purchase
from VietPhap directly: Please note and acknowledge: if you are resident in
the European Union and download an VietPhap App from VietPhap directly, you
agree to waive your cancellation and refund right once the download of the
app or the relevant purchase is made. This means that you will not be able
to cancel your order or obtain a refund once the download and delivery of
the app is complete. This will also apply to subscriptions and in-app
purchases. You can find further information on cancelling orders and any
associated refunds from the relevant section of the VietPhap website.
5.
Subscription Services. Certain VietPhap Apps on the Apple App Store and
Google Play Store will allow you to obtain the benefit of the application on
a subscription basis. Payment for such a subscription (which may be for
example daily, weekly, monthly, tri-monthly or yearly) may be processed in
the application, by third parties who act on our behalf or directly by the
mobile platform owner (e.g. Apple or Google). Free trial subscriptions may
be cancelled at any point up to 24 hours before the expiry of the free trial
(Apple) or at any time before the end of the trial period (Google). See
below in paragraph 6 (“Trial Periods”) for further information. You can
cancel a subscription service at any time during the subscription period via
the subscription settings in your iTunes or Android account. The
cancellation will take effect after the last day in the relevant
subscription period. See above in paragraph 4 (“Purchases & Cancellation
Rights”) for further information.
6. Trial Periods. Certain of our
subscription services on the Apple App Store and Google Play Store may from
time to time be offered for a fixed period of time on a free-trial basis.
You are free to cancel a free-trial subscription at any time via the
subscription setting in your iTunes or Android account. Please note: your
free-trial subscription will automatically renew as a paid subscription
unless (a) auto-renew is turned off at least 24 hours before the end of the
free-trial subscription period (Apple) or (b) you cancel before the end of
the trial period (Google).
7. Online Dispute Resolution. If you reside in
the European Union, you can find information about online dispute resolution
here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
Please note that we reserve the right not to participate in forms of
alternative dispute resolution. For further information, please contact
us
8. Coins in the App Environment. Through your use of VietPhap Apps,
you may accrue virtual “Coins” that may be used and virtually spent in the
App environment. Coins are a limited license right distributed at our
discretion, may only be used with respect to virtual items and services made
available in the App environment, and are not redeemable for monetary value.
In addition to the Coins that you may virtually accrue, you may also
purchase Coins. Please note: we may limit the number of Coins or the total
monetary value of Coins that you may purchase at one time, or over a given
period of time, in our sole discretion. Newly purchased Coins credits may
not be available for immediate use. If you make any unauthorized purchases
of Coins, or if any of your purchase of Coins leads to charge-reversals,
chargebacks, disputed charges, dispute fees, or any allegation of payment
fraud, we may terminate your account, with or without notice, in our sole
and absolute discretion.
All purchases of Coins are FINAL and
non-refundable, except in our sole and absolute discretion. Once you
purchase Coins, you cannot return them. If your account is cancelled or
terminated by you or by us, for any reason, you will lose and forfeit any
outstanding Coins The virtual items that you may virtually acquire or use in
the App environment are a limited license right granted by us and you do not
acquire any ownership right to any such virtual items. We may terminate such
license right and withdraw or discontinue any virtual item in the Site
environment or may remove your right to use any particular virtual item or
service. Any exchanges of coins for virtual items are non-reversible.
The
virtual items that you may virtually acquire or use in the App environment
are a limited license right granted by us and you do not acquire any
ownership right to any such virtual items. We may terminate such license
right and withdraw or discontinue any virtual item in the Site environment
or may remove your right to use any particular virtual item or service. Any
exchanges of coins for virtual items are non-reversible.
Aside from the
limited license to use virtual items or services as described above, you
agree that you will not gain any right, title or interest whatsoever in the
Coins, or virtual items or services, and that you may not trade, sell,
transfer or transact Coins, or virtual items or services in any manner
except as permitted in the App environment. You may not sell or trade the
time taken to accrue Coins. Any transaction in Coins or virtual items or
services via online auction sites or other channels outside the Services is
strictly prohibited. You may not use cheat programs, including non-our Apps
software programs, to accrue Coins or virtually acquire Coins. We may
immediately terminate your account if it comes to our attention that you
have accrued, virtually acquired or used Coins in any non-permitted manner.
E. THIRD-PARTY PARTNERS:
1. Third-Party Services and Content. Our Apps may
integrate, be integrated into, bundled, or be provided in connection with
third-party services, advertising, feeds, and/or content. If you are
installing an our App that includes third party services and third party
content, such services and content are subject to such third party’s terms
of services and privacy policies, which may be found on the relevant Third
Party Partner’s website. our Apps may provide access or links to Third Party
Partner websites or resources. IAC has no control over such websites and
resources, and you acknowledge and agree that IAC is not responsible for the
availability of such external websites or resources, and does not endorse
nor is responsible or liable for any content, advertising, products, or
other materials on or available from such websites or resources. You further
acknowledge and agree that IAC shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content (as defined
below), goods or services available on or through any such website or
resource. IAC will not be a party to or in any way be responsible for
monitoring any transaction between you and Third Party Partners.
2.
Access to Third-Party Services and Content through VietPhap Apps. All
services, advertising, feeds and content, including without limitation, all
data, links, articles, graphic or video messages and all information, text,
software, music, sound, graphics or other materials (“Content”) made
available or accessible through an VietPhap App, whether publicly available
or privately transmitted, is the sole responsibility of the entity or person
from whom it originated. You hereby acknowledge and agree that by using an
VietPhap App you may be exposed to Content that may be offensive, indecent
or objectionable in your community. You agree to accept all risks associated
with the use of any Content, including any reliance on the accuracy or
completeness of such Content. Under no circumstances will IAC be liable in
any way for any Content created by or originating with entities other than
IAC, including, but not limited to, any errors or omissions in any such
Content, or for loss or damage of any kind incurred as a result of the
transmission or posting of such Content by means of an VietPhap App.
G. SECURITY:
VietPhap, like other consumer technologies, may not be 100%
secure. By accepting this EULA you acknowledge and accept that the VietPhap
Apps and any information you download or offer to share by means of an
VietPhap App, may be exposed to unauthorized access, interception,
corruption, damage or misuse, and cannot be regarded as 100% secure. You
accept all responsibility for such security risks and any damage resulting
therefrom. Further, you are solely responsible for securing your mobile
device from unauthorized access, including by such means as using complex
password protection and, for Android users, enabling device encryption in
your settings. You agree that VietPhap shall not be liable for any
unauthorized access to your mobile device or the app data thereon.
H. REGISTRATION/PASSWORDS:
1. Registration. Most VietPhap Apps will not
require a registration: however, some VietPhap Apps may permit or require
you to create an account to participate or access additional features or
functionalities (“Registration”). If such Registration is required, it will
be made known to you when you attempt to participate or access such
additional features or functionalities. Any registration required by a Third
Party Partner is not governed by this EULA and you should refer to the
relevant Third Party Partner’s website for their policies.
2. Passwords.
You are the sole and exclusive guardian of any password and ID combination
issued or chosen by to you. Maintaining the confidentiality and security of
your password(s) and ID(s) is solely your responsibility. You are fully
responsible for all transactions undertaken by means of any account opened,
held, accessed or used via your password and ID. You shall notify us
immediately and confirm in writing any unauthorized use of accounts or any
breach of security, including without limitation any loss, theft or
unauthorized use of your password(s), and/or ID(s) or any related account.
If we have reasonable grounds to suspect that the security of your password
and/or ID has been compromised, we may suspend or terminate your account,
refuse any and all current or future use of the services, and pursue any
appropriate legal remedies. We shall not be responsible for any losses
incurred in connection with any misuse of any password or ID.
3. Provided
Information. If you provide any information in connection with a
Registration, you must provide and maintain accurate, complete and current
information. If we have reasonable grounds to suspect that your information
is inaccurate, not current or not complete, we may suspend or terminate your
use of our App, and pursue any appropriate legal remedies. You agree that we
shall have the right to use the information you provide to us for the
purposes described in this EULA and in furtherance of your use of the our
App our services.
I. UNINSTALL/REMOVAL OF AN VietPhap APP:
Uninstallation and removal
methods vary depending on your device. To uninstall and remove the VietPhap
Apps, please use the application manager provided with your device or
consult your device manual for reference.
J. CONSENT TO USE OF DATA:
You agree that we may collect and use technical
data and related information, including but not limited to technical
information about your device, system and application software, and
peripherals, that is gathered periodically to facilitate the provision of
software updates, product support and other services to you (if any) related
to the Apps.
K. INTELLECTUAL PROPERTY:
The Apps, including all design, text, images,
photographs, illustrations, audio-clips, video-clips, artwork, graphic
material, code, content, protocols, software, and documentation provided to
you by IAC are IAC’s property or the property of IAC’s licensors, and are
protected by U.S. and international copyright, trademarks, patents and other
proprietary rights and laws relating to Intellectual Property Rights.
“Intellectual Property Rights” means, collectively, rights under patent,
trademark, copyright and trade secret laws, and any other intellectual
property or proprietary rights recognized in any country or jurisdiction
worldwide, including, without limitation, moral or similar rights. You may
not delete, alter, or remove any copyright, trademark, or other proprietary
rights notice we or Third Party Partners have placed on or within the our
Apps. All rights not expressly granted hereunder are expressly reserved to
IAC and its licensors.
The IAC and VietPhap names, logos and affiliated
properties, are the exclusive property of IAC or its affiliates. All other
trademarks appearing on any VietPhap App are trademarks of their respective
owners, and the use of such trademarks shall inure to the benefit of the
trademark owner. Our partners or service providers may also have additional
proprietary rights in the content which they make available through an
VietPhap App. The trade names, trademarks and service marks owned by us,
whether registered or unregistered, may not be used in connection with any
product or service that is not ours, in any manner that is likely to cause
confusion. Nothing contained in herein should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any of our
trade names, trademarks or service marks without our express prior written
consent.
L. COPYRIGHT/SUBMISSIONS:
1. You are solely responsible for any Content
you contribute, submit or display on or through your use of the VietPhap
App(s). It is your obligation to ensure that such Content, including photos,
text, video and music files, does not violate any copyright or other
Intellectual Property Rights. You must either own or have a license to use
any Content that you contribute, submit or display.
Please ensure your
communication includes the following:
an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest;
a description of the copyrighted work that you claim has been
infringed;
a description of where the material that you claim is
infringing is located on the VietPhap App;
your address, telephone
number, and email address;
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
a statement by you that the above information in your
notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf.
3. Objectionable Content. IAC may also
act to remove Objectionable Content. The decision to remove Objectionable
Content shall be made at IAC’s sole discretion. “Objectionable Content”
includes, but is not limited to:
Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, or libelous,
Content
that is hateful, or advocates hate crimes, harm or violence against a person
or group,
Content that may harm minors in any way;
Content that has
the goal or effect of “stalking” or otherwise harassing another
Private
information about any individual such as phone numbers, addresses, Social
Security numbers or any other information that is invasive of another’s
privacy;
Content that is vulgar, offensive, obscene or pornographic,
Unsolicited
or unauthorized advertising, promotional materials, “junk mail,” “spam,”
“chain letters,” “pyramid schemes,” or any other form of solicitation;
Material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
4. Content
Screening and Disclosure. We do not, and cannot, pre-screen or monitor all
Content. However, our representatives may monitor Content submission through
the VietPhap Apps, and you hereby provide your irrevocable consent to such
monitoring. You acknowledge and agree that you have no expectation of
privacy concerning the submission of any Content. We have the right, but not
the obligation, in our sole discretion to edit, refuse to post, or remove
any Content.
We may access, preserve or disclose any of your information
or Content (including without limitation chat text) if we are required to do
so by law, or if we believe in good faith that it is reasonably necessary to
(i) respond to claims asserted against us or to comply with legal process
(for example, subpoenas or warrants), including those issued by courts
having jurisdiction over us or you; (ii) enforce or administer our
agreements with users, such as this EULA; (iii) for fraud prevention, risk
assessment, investigation, customer support, providing the app services or
engineering support; (iv) protect the rights, property or safety of IAC, its
users, or members of the public or (v) to report a crime or other offensive
behaviour.
5. Ownership of Content You Submit. Unless otherwise set forth
at the point of submission, you retain ownership of all rights in any
Content that you submit, through your use of the VietPhap Apps. However, you
grant us permission to use such Content in any way we see fit, for instance
for the purposes of promotion of the VietPhap Apps. If, at our request, you
send submissions (such as contest submissions, polling questions) or you
send us creative suggestions, ideas, notes, drawings, or other information
(collectively, the “Submissions”), such Submissions shall be deemed, and
shall remain, the property of IAC. None of the Submissions shall be subject
to any obligation of confidence on the part of IAC, and IAC shall not be
liable for any use or disclosure of any Submissions. Without limitation of
the foregoing, IAC shall exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the provider of
the Submissions. You hereby assign to IAC all right, title and interest in
and to the Submissions and you hereby waive any moral rights (and any rights
of the same or similar effect anywhere in the world existing now or in the
future created) relating to the Submissions in favour of IAC and its
assignees, licensees and designees.
6. Repeat Infringer Policy. IAC may
terminate a user’s access to the VietPhap App(s) if, under appropriate
circumstances, the user is determined to be a repeat infringer.
7. No
Intended Third Party Beneficiaries. Except as otherwise set forth herein, no
third party is an intended beneficiary of this EULA.
M. TERMINATION:
Your rights under this EULA will terminate immediately and
automatically without any notice from IAC if you fail to comply with any of
the terms and conditions of this EULA. You understand that IAC, in its sole
discretion, may modify or discontinue or suspend your right to access any of
our services or use of any VietPhap Apps at any time. Further, IAC, with or
without any reason, may at any time suspend or terminate any license
hereunder and disable the VietPhap Apps or any of its component features.
You agree that IAC shall not be liable to you or any third-party for any
termination or disabling of the VietPhap Apps. Promptly upon expiration or
termination of this EULA, you must cease all use of the VietPhap Apps and
destroy all copies of VietPhap Apps in your possession or control.
Termination will not limit any of IAC’s other rights or remedies at law or
in equity. Sections J-S, and any Supplemental Terms of this EULA shall
survive termination or expiration of this EULA for any reason.
N. DISCLAIMER OF WARRANTY:
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE
LAW, ALL VietPhap APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND
“AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO
APPLICABLE LAW, IAC, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS,
DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER
THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR
OTHERWISE. WITHOUT LIMITATION, IAC MAKES NO WARRANTY THAT THE VietPhap APPS
WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE IAC
PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE VietPhap
APPS WILL MEET YOUR EXPECTATIONS. IAC ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR VietPhap APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM VietPhap APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH VietPhap APPS BY ANY THIRD
PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VietPhap APPS.
THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE VietPhap APPS REMAINS
SOLELY WITH YOU.
IAC EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO
PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH
JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS
THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
NOTICE REGARDING CALL
RECORDING FEATURE: Certain VietPhap Apps may allow you to record phone
conversations on your Android or iOS device. Some local, state, federal or
international laws prohibit the recording of third-party audio without all
parties’ consent to such recording. You are solely responsible for
compliance with all local, state, federal or international laws regarding
call recording and obtaining any necessary consent. IN NO EVENT SHALL
VietPhap BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY
WITH LOCAL, STATE, FEDERAL OR INTERNATIONAL LAWS REGARDING THIRD-PARTY AUDIO
RECORDING.
O. LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY APPLICABLE LAWS,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IAC SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IAC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY
TO USE THE VietPhap APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR
(IV) ANY OTHER MATTER RELATING TO THE VietPhap APPS. IN NO EVENT SHALL IAC’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE VietPhap
APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN
THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE
UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL
BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON
WHICH YOU FIRST ACCESS THE VietPhap APP, AND NO WARRANTIES SHALL APPLY AFTER
SUCH PERIOD.
P. INDEMNIFICATION:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS IAC,
ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS,
LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’
FEES) ARISING FROM YOUR USE OF THE VietPhap APPS, YOUR VIOLATION OF THE EULA
OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF
ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE
TO IMMEDIATELY NOTIFY IAC OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY
OTHER BREACH OF SECURITY KNOWN TO YOU.
Q. EXPORT CONTROLS:
The VietPhap Apps and the underlying information and
technology are subject to US and international laws, restrictions and
regulations that may govern the import, export, downloading and use of the
Apps. You agree to comply with these laws, restrictions and regulations when
downloading or using the apps.
R. NOTICE TO US GOVERNMENT END USERS:
Any VietPhap Apps installed for or
on behalf of the United States of America, its agencies and/or
instrumentalities (“U.S. Government”), is provided with Restricted Rights as
“commercial Items,” as that terms is defined at 48 C.F.R. §2.101, consisting
of “Commercial Computer Software” and “Commercial Computer Software
Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212
(48 C.F.R. §12.212), the U.S. Government shall have only those rights
specified in the license contained herein. The U.S. Government shall not be
entitled to (i) technical information that is not customarily provided to
the public or to (ii) use, modify, reproduce, release, perform, display, or
disclose commercial computer software or commercial computer software
documentation except as specified herein. Use, duplication, or disclosure by
the U.S. Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
S. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS:
IAC does not
represent or warrant that the VietPhap Apps or any part thereof is
appropriate or available for use in any particular jurisdiction. We may
limit the availability of the VietPhap Apps, in whole or in part, to any
person, geographic area or jurisdiction we choose, at any time and in our
sole discretion. The laws of Ireland, without regard to conflict of laws
principles, shall govern all matters relating to or arising from this EULA,
and the use (or inability to use) the VietPhap Apps. You hereby submit to
the exclusive jurisdiction and venue of the appropriate courts of Ireland,
with respect to all matters arising out of or relating to this EULA.
No
failure or delay by IAC in exercising any right, power or privilege under
this EULA will operate as a waiver thereof, nor will any single or partial
exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege
under this EULA. If any provision of this EULA shall be found unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and
enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE VietPhap APPS MUST COMMENCE WITHIN
THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
U. SUPPLEMENTAL TERMS
To the extent permitted by applicable law (and
without limiting the above rights, remedies and obligations except the
extent expressly in conflict with additional terms below), the following
additional terms shall apply to your use of VietPhap Apps, as
applicable:
VPN Services: By downloading and using our VPN application,
you acknowledge and agree to the following:
1. You will not use, or
encourage, promote, facilitate or instruct others to use the VPN application
for any illegal, harmful or offensive use, or to transmit, store, display,
distribute or otherwise make available content that is illegal, harmful, or
offensive. This includes, but not limited to:
Illegal Activities. Any
illegal activities, including advertising, transmitting, or otherwise making
available gambling services, or disseminating, promoting or facilitating
child pornography.
Harmful or Fraudulent Activities. Activities that may
be harmful to others, our services, operations or reputation, including
offering or disseminating fraudulent goods, services, schemes, or promotions
(e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or
pharming), or engaging in other deceptive practices.
Infringing Content.
Content that infringes or misappropriates the intellectual property or
proprietary rights of others.
Offensive Content. Content that is
defamatory, obscene, abusive, invasive of privacy, or otherwise
objectionable, including content that constitutes child pornography, relates
to bestiality, or depicts non-consensual sex acts.
Harmful Content.
Content or other computer technology that may damage, interfere with,
surreptitiously intercept, or expropriate any system, program, or data,
including viruses, Trojan horses, worms, time bombs, or cancelbots.
2.
You will not use the VPN application to violate the security or integrity of
any network, computer or communications system, software application, or
network or computing device (each, a “System”). Prohibited activities
include, but not limited to:
Unauthorized Access. Accessing or using any
System without permission, including attempting to probe, scan, or test the
vulnerability of a System or to breach any security or authentication
measures used by a System.
Interception. Monitoring of data or traffic on
a System without permission.
Falsification of Origin. Forging TCP-IP
packet headers, e-mail headers, or any part of a message describing its
origin or route. This prohibition does not include the use of aliases or
anonymous remailers.
3. You may not make network connections to any
users, hosts, or networks unless you have permission to communicate with
them. Prohibited activities include:
Monitoring or Crawling. Monitoring
or crawling of a System that impairs or disrupts the System being monitored
or crawled.
Denial of Service (DoS). Inundating a target with
communications requests so the target either cannot respond to legitimate
traffic or responds so slowly that it becomes ineffective.
Intentional
Interference. Interfering with the proper functioning of any System,
including any deliberate attempt to overload a system by mail bombing, news
bombing, broadcast attacks, or flooding techniques.
Operation of Certain
Network Services. Operating network services like open proxies, open mail
relays, or open recursive domain name servers.
Avoiding System
Restrictions. Using manual or electronic means to avoid any use limitations
placed on a System, such as access and storage restrictions.
4. You will
not distribute, publish, send, or facilitate the sending of unsolicited mass
e-mail or other messages, promotions, advertising, or solicitations
(“spam”), including commercial advertising and informational announcements.
You will not alter or obscure mail headers or assume a sender’s identity
without the sender’s explicit permission. You will not collect replies to
messages sent from another internet service provider if those messages
violate this Policy.
5. We reserve the right, but do not assume the
obligation, to investigate any violation of this EULA or misuse of the VPN
application. This includes, but not limited to reporting any activity that
we suspect violates any law or regulation to appropriate law enforcement
officials, regulators, or other appropriate third parties, to the extent we
have access to that information. We also may cooperate with appropriate law
enforcement agencies, regulators, or other appropriate third parties to help
with the investigation and prosecution of illegal conduct by providing
network and systems information related to alleged violations of this
EULA.
Nuance Services: Certain Apps include dictation and/or speech
recognition functions–these include Speak & Translate. By utilizing the
dictation and speech recognition software (“Nuance Software”) and related
services (“Nuance Service”) provided by Nuance Communications Ireland
Limited or its affiliates (“Nuance”), you specifically and acknowledge and
agree that:
1. You agree that the Nuance Software may be used solely to
access the Nuance Service and as part of the Apps.
2. You agree that IAC
and its licensors retain all right, title and interest in and to the
original and any copies of any software incorporated into the Apps.
3.
You agree not to: (a) submit any automated or recorded requests to the
Nuance Service unless otherwise approved in writing by IAC and its
licensors; (b) use the Nuance Service for purposes of comparison with or
benchmarking against products or services made available by third parties;
or (c) knowingly take any action that would cause the Apps or Nuance
Software to be placed in the public domain.
4. You acknowledge that the
availability or response, or lack thereof, from any third party services,
including the Nuance Service, shall not be deemed an error and that Third
Party Partners may restrict or otherwise stop use of its content and/or
services in its sole discretion.
5. You further acknowledge that Nuance
and other Third Party Partners shall not be responsible and shall have no
liability for use of third party content and services, or the availability
of third party content or services.
6. IN NO EVENT SHALL IAC’S SUPPLIERS
BE LIABLE TO YOU FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, COSTS OF COVER, LOSS OF USE OR DATA OR INTERRUPTION OF BUSINESS,
WHETHER SUCH ALLEGED DAMAGES ARE LABELED IN TORT, CONTRACT OR INDEMNITY,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL SOLELY LOOK TO
IAC IN THE EVENT OF ANY CLAIM FOR DAMAGES RELATED TO THE APPS.
7. The use
of any trademarks of third parties does not denote interoperability and does
not constitute (a) an affiliation by IAC and its licensors with such
company, or (b) an endorsement or approval of such company of IAC and its
licensors and its products or services.
8. As part of the Apps, IAC
and/or its licensors collect and use Speech Data, as defined below, to tune,
enhance and improve the speech recognition and other components of the Apps,
and other services and products, including use of data derived from Speech
Data to develop statistical models used in acoustic and language models for
speech recognition and other components of its software and services. In
accepting the terms and conditions of this EULA, you acknowledge, consent
and agree that IAC and/or its licensors may collect the Speech Data as part
of the Apps and that such information shall only be used by IAC and/or its
licensors or third parties acting under the direction of IAC and/or its
licensors pursuant to confidentiality agreements, to tune, enhance and
improve the speech recognition components of its services and other services
and products. IAC and/or its licensors will not use the information elements
in any Speech Data for any purpose except as set forth above. “Speech Data”
means the audio files, associated transcriptions and log files provided by
you hereunder or generated in connection with your use of the Apps.
9.
You acknowledge, consent and agree, through your use of the Apps, to IAC
and/or its licensors’ collection and use as set forth herein of Speech Data
and other data collected about you, including the transfer thereof to the
United States and/or other countries for storage, processing and use by IAC
and/or its licensors and its Third Party Partners.
Apps Incorporating
Getty Images: Certain Apps include images licensed to IAC by Getty Images
(US), Inc. (“Getty Images”). By utilizing these Apps, you specifically
acknowledge and agree that:
1. You may only use the Getty Images as
enabled by Apps, for display in digital form.
2. You may not sell or
re-sell Getty Images, and may not modify or re-use Getty Images, except as
enabled by the Apps.
3. Getty Images may not be used:
a. for
pornographic, defamatory or other unlawful purposes;
b. for the purpose
of enabling file-sharing of the image file; or
c. in logos, trademarks,
services marks or any other branding or identifiers.
4. If you use Getty
Images featuring an individual(s) in connection with a sensitive,
unflattering or controversial subject, you must include a statement that the
image is used for illustrative purposes only and the individual is a
model.
5. You may not remove any metadata in Getty Images, or reverse
engineer, decompile, or disassemble the Apps to enable the download or use
of Getty Images on a stand-alone basis.
6. No ownership or copyrights to
Getty Images are granted to you.
Apple App Store: By accessing the App
through a device made by Apple, Inc. (“Apple”), you specifically acknowledge
and agree that:
1. This EULA is between IAC and you; Apple is not a party
to this EULA.
2. The license granted to you hereunder is limited to a
personal, limited, non-exclusive, non-transferable right to install the App
on the Apple device(s) authorized by Apple that you own or control for
personal, non-commercial use, subject to the Usage Rules set forth in
Apple’s App Store Terms of Service.
3. Apple is not responsible for App
or the content thereof and has no obligation whatsoever to furnish any
maintenance or support services with respect to the App.
4. In the event
of any failure of the App to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price for the App, if any,
to you. To the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to the App.
5. Apple
is not responsible for addressing any claims by you or a third party
relating to the App or your possession or use of the App, including without
limitation (a) product liability claims; (b) any claim that the App fails to
conform to any applicable legal or regulatory requirement; and (c) claims
arising under consumer protection or similar legislation.
6. In the event
of any third party claim that the App or your possession and use of the App
infringes such third party’s intellectual property rights, Apple is not
responsible for the investigation, defense, settlement or discharge of such
intellectual property infringement claim.
7. You represent and warrant
that (a) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (b) you are not listed on any U.S.
Government list of prohibited or restricted parties.
8. Apple and its
subsidiaries are third party beneficiaries of this EULA and upon your
acceptance of the terms and conditions of this EULA, Apple will have the
right (and will be deemed to have accepted the right) to enforce this EULA
against you as a third party beneficiary hereof.
9. IAC expressly
authorizes use of the Apps by multiple users through the Family Sharing or
any similar functionality provided by Apple.
Windows Phone Store: By
downloading the App from the Windows Phone Store, you specifically
acknowledge and agree that:
1. You may install and use one copy of the
App on up to five (5) Windows Phone enabled devices that are affiliated with
the Microsoft account you use to access the Windows Phone Store. Beyond
that, we reserve the right to apply additional conditions or charge
additional fees.
2. You acknowledge that Microsoft Corporation, your
phone manufacturer and network operator have no obligation whatsoever to
furnish any maintenance and support services with respect to the App.
END OF DOCUMENT.