TERMS OF SERVICES
1. ACCEPTANCE OF
TERMS
Welcome to the Evietnam Group Free Vietnamese Courses online . (“EV”) EV
provides its resources, materials and services to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version of the TOS
at any time at: http://vietcourses.com/learn/file.php/1/TOS.htm . In addition,
when using particular EV resources, you and EV shall be subject to any posted
guidelines or rules applicable to such resources which may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference into
the TOS.
2. DESCRIPTION
OF SERVICE
EV currently
provides users with access to a rich collection of resources, including
dictionaries, glossaries, courses, photo directories, recordings, various
communications tools, forums, personalized content through its enrollment
program (the "Resources") or guest access. You also understand and
agree that the Resources may include advertisements, and may include partnership
tiles representing relationships with other websites, institutions. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new EV services, shall be subject to
the TOS. You understand and agree that the Resources are provided
"AS-IS" and that EV assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
You are
responsible for obtaining access to the Resources and that access may involve
third party fees (such as Internet service provider or airtime charges). You
are responsible for those fees. In addition, you must provide and are
responsible for all equipment necessary to access the Resources.
3. YOUR
REGISTRATION
In consideration
of your use of the Resources, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the registration form
(such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or EV has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, EV has the right
to suspend or terminate your account and refuse any and all current or future
use of the Resources (or any portion thereof). EV is concerned about the safety
and privacy of all its users, particularly children. For this reason, parents
of children under the age of 13 who wish to allow their children access to the
Resources must indicate that they are registering for an Account with parents’
agreement. No fees will result from registering for this kind of Account. When
you create this Account, you certify that you are at least 18 years old and
that you are the legal guardian of the child/children listed. By adding a child
to your Account, you also give your child permission to access all of the
Resources including, message boards, chats, projects (among others). As the
legal guardian, it is your responsibility to determine whether any of the
Resources and/or Content (as defined in Section 6 below) are appropriate for
your child.
4. EV PRIVACY
POLICY
Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy at httphttp://vietcourses.com/learn/file.php/1/policy.htm.
5. MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will receive
a password and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify EV of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. EV
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER
CONDUCT
You understand
that all information, data, text, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not EV, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via
the Service. EV monitors Content for inappropriate material, but does not
guarantee the accuracy, integrity or quality of such Content. Under no
circumstances will EV be liable in any way for any Content, including, but not
limited to, 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 Service.
You agree to not
use the Service to:
a. upload, post,
email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. harm minors
in any way;
c. impersonate
any person or entity, including, but not limited to, a EV official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d. forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
e. upload, post,
email, transmit or otherwise make available any Content that you do not have a
right to make available under any law.
f. upload, post,
email, transmit or otherwise make available any Content that infringes any patent,
trademark, copyright or other proprietary rights ("Rights") of any
party;
g. upload, post,
email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
h. upload, post,
email, transmit or otherwise make available any 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; disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Resources are able
to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
i. interfere
with or disrupt the Resources or servers or networks connected to the Resources
, or disobey any requirements, procedures, policies or regulations of networks
connected to the Resources ;
j.
"stalk" or otherwise harass another; or
k. collect or
store personal data about other users.
You acknowledge
that EV does not pre-screen Content, but that EV and its designees shall have
the right (but not the obligation) in their sole discretion to refuse or move
any Content that is available via the Service. Without limiting the foregoing,
EV and its designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created by EV or submitted
to EV, including without limitation information in EV Message Forums , EV
Chats, and in all other parts of the Resources .
You acknowledge
and agree that EV may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of EV,
its users and the public.
You understand
that the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or
devices.
7. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from Vietnam or the country in which you reside.
8. CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE RESOURCES
EV does not
claim ownership of Content you submit or make available for inclusion on the
Resources . However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Resources , you grant EV the
following world-wide, royalty free and non-exclusive license(s), as applicable:
• With respect
to Content you submit or make available for inclusion on enrollment areas (EV
Chats, EV Message forums and EV Projects), you grant license to post,
reproduce, modify, adapt, and display such Content within the enrollment area
of the Resources solely for the purposes of providing and promoting the
specific EV Chat, EV Message forum or EV Project to which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Resources and will terminate at the
time you remove or EV removes such Content from the Service.
9. INDEMNITY
You agree to
indemnify and hold EV, and its subsidiaries, affiliates, members , partners ,
or employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
10. NO RESALE OF
RESOURCES
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Resources , use of the Resources , or access to the
Resources .
11. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge
that EV may establish general practices and limits concerning use of the
Resources , including without limitation the maximum number of days that
message board postings or other uploaded Content will be retained by the
Resources or the maximum disk space that may be allotted on EV's servers on
your behalf. You agree that EV has no responsibility or liability for the
deletion or failure to store any communications or other Content maintained or
transmitted by the Resources . You further acknowledge that EV reserves the
right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
12.
MODIFICATIONS TO RESOURCES
EV reserves the
right at any time and from time to time to modify, temporarily or permanently,
the Rrsources (or any part thereof) with or without notice. You agree that EV
shall not be liable to you or to any third party for any modification of the
Resources .
13. TERMINATION
You agree that
EV, in its sole discretion, may terminate your password, account (or any part
thereof) or use of the Resources , and remove and discard any Content within
the Resources if EV believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. EV may also terminate your password and
account at any time . EV may also in its sole discretion and at any time
discontinue providing the Resources , or any part thereof, with or without
notice. You agree that any termination of your access to the Resources under
any provision of this TOS may be effected without prior notice, and acknowledge
and agree that EV may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service for the above reasons. Further, you agree that EV
shall not be liable to you or any third-party for any termination of your
access to the Resources .
14. REFUNDS
Payment for the
donation or products of EV and EV bookshop constitutes a one-time fee , with
applicable discounts and special offers issued at the disgression of EV. You
agree that you are not entitled to reimbursement for any fee or donation once
you have paid the fees and gained access to EV content services. You may elect
at any time to discontinue subscription services for future periods.
15. LINKS
The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because EV has no control over such sites and resources, you
acknowledge and agree that EV is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
EV 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, goods or services available on or through any
such site or resource.
16. EV'S
PROPRIETARY RIGHTS
You acknowledge
and agree that the Resources and any necessary software s used in connection
with the Resources ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. Except as expressly authorized by EV, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Resources
, in whole or in part. EV grants you a personal, non-transferable and
non-exclusive right and license to use the Service within a single household.
17. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
. YOUR USE OF
THE RESOURCES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
a. EV MAKES NO
WARRANTY THAT (i) THE RESOURCES WILL MEET YOUR REQUIREMENTS, (ii) THE RESOURCES
WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE RESOURCES WILL BE ACCURATE OR RELIABLE
b. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RESOURCES IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
c. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EV OR THROUGH OR
FROM THE RESOURCES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT EV 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 RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
RESOURCES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED THROUGH OR FROM THE RESOURCES ; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS
AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO
YOU.
2 0 . NOTICE
Notices to you
may be made via either email or regular mail. The Resources may also provide
notices of changes to the TOS or other matters by displaying notices or links
to notices to you generally on the Service.
2 1 . TRADEMARK
INFORMATION
EV , EV bookshop
and its EV logo are trademarks of Evietnam Group . Without EV's prior
permission, you agree not to display or use in any manner, EV trademarked
images.
2 2 . COPYRIGHTS
and COPYRIGHT AGENTS
EV respects the
intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide EV's Copyright Agent the following information:
a . an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
b . a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
c . a
description of where the material that you claim is infringing is located on
the site;
d . your
address, telephone number, and email address;
e . 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;
f . a statement
by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
EV's Agent for
Notice of claims of copyright or other intellectual property infringement can
be reached as follows:
By email: webmaster at
vietcourses dot com
2 3 . GENERAL
INFORMATION
The TOS constitutes
the entire agreement between you and EV and governs your use of the Service,
superceding any prior agreements between you and EV. The TOS and the
relationship between you and EV shall be governed by the laws of Vietnam
without regard to its conflict of law provisions. You and EV agree to submit to
the personal and exclusive jurisdiction of the courts located within Vietnam .
The failure of EV to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles in the
TOS are for convenience only and have no legal or contractual effect.
2 4 . VIOLATIONS
Please report
any violations of the TOS to our webmaster (webmaster at vietcourses dot com).