SERVICE USER AGREEMENT
Acceptance of User Agreement.
1. By registering for and/or using the Services in any manner, including but unlimited to visiting or browsing the Site, you allow to this User Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is associated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are associated into this User Agreement by this reference.
3. This User Agreement applies to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: APART FROM CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE DEALT BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO JOIN IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent show that you are at least 18 years old. If you are under 18, you may not, under any circumstances, use the Services. We may refuse to offer the Services to any person or entity change its eligibility criteria at any time. You are solely responsible for ensuring that this User Agreement is in compliance with all laws, rules applicable to you and the right to access the Services is revoked where this use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable regulation. Furthermore, the Services are offered only for your using, and not for the use or benefit of any third party.
For purposes of the User Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of the Agreement, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Notices and Restrictions
The services may contain content specifically provided by us, our partners/users/content are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the services.
We do not guarantee that any Content will be made available through the Services or on the Site. We reserve the right to, but do not have any obligation to, (i) edit , modify, remove or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we pay attention to the fact that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services. Rules of Conduct.
1. infringes any patent, trademark, trade secret, copyright, a right of publicity or other rights of any other person or entity or violates any law or contractual duty;
2. you know is wrong, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, includes or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
6.impersonates any person or entity, including any of our employees or representatives; or
7.includes anyone’s identification documents or sensitive financial information.
You shall not:
(i) take any action that forces or may force (as decided by us in our sole discretion) an illogical or disproportionately large load on our (or our third-party providers’) infrastructure;
(ii) prevent or attempt to prevent from the proper working of the Services or any activities conducted on the Services;
(iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(iv) run any form of auto-responder or “spam” on the Services;
(v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or
(vii) otherwise, take any action in violation of our guidelines and policies. You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically ban such restriction,
(ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.
We also store the right to access, read, conserve, and reveal any information as we reasonably believe that is necessary to (i) respond to user support requests (ii) satisfy any law to apply, regulation, legal process or governmental request, (iii) detect, prevent, or otherwise address trick, security or technical problems, or (iv) defend the rights, property or safety of us, our users and the public, (v) enforce this User Agreement, including investigation of potential violations hereof.
Third Party Services.
The services may allow you to link to other websites, services or resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may implicate links to the services. When you enter third party resources which are not keep our control you do so at your own risk and further acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any danger caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
We can cease your access to all or any section of the Service whenever, with or without cause, with or without notice and it is effective immediately. This may result in the seizure and termination of any information relating to your membership. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Service. All regulations of this User Agreement by their nature must survive termination. Existing termination shall include, but not limited to, the User Content license, the ownership title, the claim disclaimer of warranties, compensation and limitation of liability.
We have no special relationship with or fiduciary responsibility to you. You should now that We have no duty to take any action regarding:
1. which users have the right to access to the Services;
2. what Content you access via the Services
3. how you may explain the meaning or use the Content. We have all liability for you having acquired or not acquired Content through the Services that you allow us.We will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. We make no proxy concerning any Content contained in or accessed through the Services
THE SERVICES AND CONTENT ARE SUPPLIED “AS IS”, “AS AVAILABLE” AND WITHOUT CERTIFICATE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CERTIFICATES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall protect, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive protection system and control of any matter otherwise subject to compensation by you, in which event you will assist and cooperate with us in asserting any available defenses.
Governing Law and Jurisdiction.
This User Agreement, adopted by our website, shall be governed by and constructed following strictly the law of Vietnam. The Agreement will show your agreement on the fact that any dispel arising from or relating to the subject matter of the User term shall be governed by the Vietnamese law court. Modification. Our company has the right, in our sole prudence, to change or update any part of this User Agreement, or reject, suspend or discontinue the Services (consisting of without limitation, the availability of any feature, database or content) at any time by giving announcement on the Site or by sending you notice through the Services, via e-mail or by any other convenient means of electronic communication. Our company may also set limits on particular content or feature and services or restrict your access to parts or all of the services without notice or liability if you have rude or illegal intention or comments, contents posted on our site. Besides, to ensure you always catch the latest information about our changes, we will timely provide notice of modifications and it is also your responsibility to check the User Agreement periodically. You continue use of service following notification or any changes to this User Agreement constitutes acceptance of those changes.
Entire Agreement and Severability. This User Agreement is the entire agreement between you and us in regard to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eradicated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our responsibilities hereunder where such failure results from any cause beyond our acceptable control, including, without limitation, mechanical, electronic or communications failure or degradation.
This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and responsibilities hereunder without consent.
Agency. No agencies, partnerships, joint ventures, or employment relationships are created as results of this User Agreement and neither party has any authority of any kind to bind the other in any respect.
All notices under this User Agreement will be in writing and deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to www.sherifawad-filmcritic.com
Our reversion to enforce any part of this User Agreement should not make a waiver of our right to later oblige that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive formality in the future. In order for any waiver of formality with this User Agreement to be binding, we must supply you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in this User Agreement bring convenience only and shall not affect their clarification. These terms may be replaced by agreement or whether or terms are presented and accepted.