TERMS & CONDITIONS

TERMS OF USE July 25, 2021 AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether

personally or on behalf of an entity (“you”) and https://www.vietnamJerry.com _concerning your

access to and use of the "https://www.vietnamjerry.com"

website as well as any other media form, media channel, mobile website or mobile application

related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of

these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,

THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to

time are hereby expressly incorporated herein by reference. We reserve the right, in our sole

discretion, to make changes or modifications to these Terms of Use at any time and for any

reason. We will alert you about any changes by updating the “Last updated” date of these Terms

of Use, and you waive any right to receive specific notice of each such change. Please ensure

that you check the applicable Terms every time you use our Site so that you understand which

Terms apply. You will be subject to, and will be deemed to have been made aware of and to have

accepted, the changes in any revised Terms of Use by your continued use of the Site after the

date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or

entity in any jurisdiction or country where such distribution or use would be contrary to law or

regulation or which would subject us to any registration requirement within such jurisdiction or

country. Accordingly, those persons who choose to access the Site from other locations do so on

their own initiative and are solely responsible for compliance with local laws, if and to the extent

local laws are applicable.

Unless otherwise indicated, the Site is our proprietary

property and all source code, databases, functionality, software, website

designs, audio, video, text, photographs, and graphics on the Site

(collectively, the “Content”) and the trademarks, service marks, and logos

contained therein (the “Marks”) are owned or controlled by us or licensed to

us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the United States, international

copyright laws, and international conventions. The Content and the Marks are provided on the

Site “AS IS” for your information and personal use only. Except as expressly provided in these

Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced,

aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited

for any commercial purpose whatsoever, without our express prior written

permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use

the Site and to download or print a copy of any portion of the Content to which you have

properly gained access solely for your personal, non-commercial use.

We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

By using the Site, you represent and warrant that: "statement" you have the legal capacity and

you agree to comply with these Terms of Use; you are not a minor in the jurisdiction in which

you or if a minor, you have received parental permission to use the Site, you will not access the

Site through automated or non-human means, whether through a bot, script, or otherwise; you

will not use the Site for any illegal or unauthorized purpose; and your use of the Site will not

violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the

right to suspend or terminate your account and refuse any and all current or future use of the Site

(or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site

available. The Site may not be used in connection with any commercial endeavors except those

that are specifically endorsed or approved by us.

Systematically retrieve data or other content from the Site to create or compile, directly or

indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account

information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Site, including

features that prevent or restrict the use or copying of any Content or enforce limitations on the

use of the Site and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

.Use any information obtained from the Site in order to harass, abuse, or harm another person..

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,

including excessive use of capital letters and spamming (continuous posting of repetitive text),

that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs,

disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the

Site.

Engage in any automated use of the system, such as using scripts to send comments or messages,

or using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or

active information collection or transmission mechanism, including without limitation, clear

graphics interchange formats (“gifs”), 1Å~1 pixels, web bugs, cookies, or other similar devices

(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Harass,

annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion

of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict

access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not

limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law,

decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any

way making up a part of the Site. Except as may be the result of standard search engine or

Internet browser usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site,

or using or launching any unauthorized script or other software. Make any unauthorized use of

the Site, including collecting usernames and/or email addresses of users by electronic or other

means for the purpose of sending unsolicited email, or creating user accounts by automated

means or under false pretenses . Use the Site as part of any effort to compete with us or

otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial

enterprise. . Use the Site to advertise or offer to sell goods and services. Sell or otherwise transfer

your profile.The Site does not offer users to submit or post content. We may provide you with

the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Site, including but not limited to text, writings,

video, audio, photographs, graphics, comments, suggestions, or personal information or other

material (collectively, "Contributions"). Contributions may be viewable by other users of the Site

and through third-party websites. As such, any Contributions you transmit may be treated in

accordance with the Site Privacy Policy. When you create or make available any Contributions,

you thereby represent and warrant that: The creation, distribution, transmission, public display,

or performance, and the accessing, downloading, or copying of your Contributions do not and

will not infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.<br>2. You are the creator and owner

of or have the necessary licenses, rights, consents, releases, and permissions to use and to

authorize us, the Site, and other users of the Site to use your Contributions in any manner

contemplated by the Site and these Terms of Use.<br>3. You have the written consent, release,

and/or permission of each and every identifiable individual person in your Contributions to use

the name or likeness of each and every such identifiable individual person to enable inclusion

and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

1 Your Contributions are not false, inaccurate, or misleading.

2. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,

pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

3. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,

slanderous, or otherwise objectionable (as determined by us).

4 .Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

5. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any

other person and to promote violence against a specific person or class of people.

6. Your Contributions do not violate any applicable law, regulation, or rule.

7. Your Contributions do not violate the privacy or publicity rights of any third party.

8.. Your Contributions do not violate any applicable law concerning child pornography, or

otherwise intended to protect the health or well-being of minors.

9. Your Contributions do not include any offensive comments that are connected to race,

national origin, gender, sexual preference, or physical handicap.

10. Your Contributions do not otherwise violate, or link to material that violates, any provision

of these Terms of Use, or any applicable law or regulation.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal

data that you provide following the terms of the Privacy Policy and your choices (including

settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and

share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your

Contributions and any intellectual property rights or other proprietary rights associated with your

Contributions. We are not liable for any statements or representations in your Contributions

provided by you in any area on the Site. You are solely responsible for your Contributions to the

Site and you expressly agree to exonerate us from any and all responsibility and to refrain from

any legal action against us regarding your Contributions.

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive,

non-transferable, limited right to install and use the mobile application on

wireless electronic devices owned or controlled by you, and to access and use

the mobile application on such devices strictly in accordance with the terms

and conditions of this mobile application license contained in these Terms of Use.

You shall not: (1) except as permitted by applicable law, decompile, reverse engineer,

disassemble, attempt to derive the source code of, or decrypt the application; (2) make any

modification, adaptation, improvement, enhancement, translation, or derivative work from the

application; (3) violate any applicable laws, rules, or regulations in

connection with your access or use of the application; (4) remove, alter, or

obscure any proprietary notice (including any notice of copyright or trademark)

posted by us or the licensors of the application; (5) use the application for

any revenue generating endeavor, commercial enterprise, or other purpose for

which it is not designed or intended; (6) make the application available over a

network or other environment permitting access or use by multiple devices or

users at the same time; (7) use the application for creating a product,

service, or software that is, directly or indirectly, competitive with or in

any way a substitute for the application; (8) use the application to send

automated queries to any website or to send any unsolicited commercial e-mail;

or (9) use any proprietary information or any of our interfaces or our other

intellectual property in the design, development, manufacture, licensing, or

distribution of any applications, accessories, or devices for use with the

application.

The following terms apply when you use a mobile application obtained from either the Apple

Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to

you for our mobile application is limited to a non-transferable license to use the application on a

device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance

with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are

responsible for providing any maintenance and support services with respect to the mobile

application as specified in the terms and conditions of this mobile application license contained

in these Terms of Use or as otherwise required under applicable law, and you acknowledge that

each App Distributor has no obligation whatsoever to furnish any maintenance and support

services with respect to the mobile application; (3) in the event of any failure of the mobile

application to conform to any applicable warranty, you may notify the applicable App

Distributor, and the App Distributor, in accordance with its terms and policies, may refund the

purchase price, if any, paid for the mobile application, and to the maximum extent permitted by

applicable law, the App Distributor will have no other warranty obligation whatsoever with

respect to the mobile application; (4) you represent and warrant that (i) 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 (ii) you are not listed on any U.S.

government list of prohibited or restricted parties; (5) you must comply with applicable thirdparty

terms of agreement when using the mobile application, e.g., if you have a VoIP application,

then you must not be in violation of their wireless data service agreement when using the mobile

application; and (6) you acknowledge and agree that the App Distributors are third-party

beneficiaries of the terms and conditions in this mobile application license contained in these

Terms of Use, and that each App Distributor will have the right (and will be deemed to have

accepted the right) to enforce the terms and conditions in this mobile application license

contained in these Terms of Use against you as a third-party beneficiary thereof.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other

information regarding the Site ("Submissions") provided by you to us are non-confidential and

shall become our sole property. We shall own exclusive rights, including all intellectual property

rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for

any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any

such Submissions are original with you or that you have the right to submit such Submissions.

You agree there shall be no recourse against us for any alleged or actual infringement or

misappropriation of any proprietary right in your Submissions.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in

our sole discretion, violates the law or these Terms of Use, including without

limitation, reporting such user to law enforcement authorities; (3) in our sole

discretion and without limitation, refuse, restrict access to, limit the

availability of, or disable (to the extent technologically feasible) any of

your Contributions or any portion thereof; (4) in our sole discretion and

without limitation, notice, or liability, to remove from the Site or otherwise

disable all files and content that are excessive in size or are in any way

burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper

functioning of the Site.

We care about data privacy and security.

Please review our Privacy Policy:

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these

Terms of Use. Please be advised the Site is hosted in The United States

If you access the Site from any other region of the world with laws or other requirements

governing personal data collection, use, or disclosure that differ from applicable laws in Thr

United States then through your continued use of the Site, you are transferring your data to The

United States and you agree to have your data transferred to and processed in

The United States.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT

LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE

RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY

ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP

ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,

INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,

WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY

APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT

YOU POSTED AT ANY TIME,

WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of

any third party, even if you may be acting on behalf of the third party. In

addition to terminating or suspending your account, we reserve the right to

take appropriate legal action, including without limitation pursuing civil,

criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any

reason at our sole discretion without notice. However, we have no obligation to update any

information on our Site. We also reserve the right to modify or discontinue all or part of the Site

without notice at any time. We will not be liable to you or any third party for any modification,

price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware,

software, or other problems or need to perform maintenance related to the Site, resulting

in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,

discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by

your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site

or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with

the laws of New York applicable to agreements made and to be entirely performed within the

State of New York without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and

individually, a “Party”) shall be commenced or prosecuted in the state and federal courts The

United States and the Parties hereby consent to, and waive all defences of lack of personal

jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and

federal courts. Application of the United Nations Convention on Contracts for the International

Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded

from these Terms of Use.

In no event shall any claim, action, or proceeding brought by either Party related in any way to

the Site be commenced more than one (1) year after the cause of action arose.

There may be information on the Site that contains typographical errors, inaccuracies, or

omissions, including descriptions, pricing, availability, and various other

information. We reserve the right to correct any errors, inaccuracies, or omissions and to change

or update the information on the Site at any time, without prior notice.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE

RISK. TO THE

FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,

EXPRESS OR

IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,

WITHOUT

LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR

PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT

THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT

OF ANY

WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR

RESPONSIBILITY

FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (2)

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM

YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR

USE OF

OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL

INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION

TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE

WHICH

MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,

AND/OR (6) ANY

ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR

DAMAGE OF

ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,

GUARANTEE,

OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A

THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY

WEBSITE OR MOBILE

APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE

WILL NOT BE A

PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY

TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF

PRODUCTS OR SERVICES. AS WITH THE

PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY

ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE

CAUTION WHERE APPROPRIATE.IN NO EVENT WILL WE OR OUR DIRECTORS,

EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR

PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,

OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING

ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR

ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED TO $100.00 USD CERTAIN US STATE LAWS AND

INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES

OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS

APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS

MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and

employees, from and against any loss, damage, liability, claim, or demand, including

reasonable attorneys’ fees and expenses, made by any third party due to or

arising out of: use of the Site; breach of these Terms of Use; any breach of your representations

and warranties set forth in these Terms of Use; your violation of the rights of a third party,

including but not limited to intellectual property rights; or any overt harmful act toward any

other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we

reserve the right, at your expense, to assume the exclusive defence and control of any matter for

which you are required to indemnify us, and you agree to cooperate, at your expense, with our

defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or

proceeding which is subject to this indemnification upon becoming aware of it. We will maintain

certain data that you transmit to the Site for the purpose of managing the performance of the Site,

as well as data relating to your use of the Site. Although we perform regular routine backups

of data, you are solely responsible for all data that you transmit or that

relates to any activity you have undertaken using the Site. You agree that we shall have no

liability to you for any loss or corruption of any such data, and you hereby waive any right of

action against us arising from any such

loss or corruption of such data.

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree that all

agreements, notices, disclosures, and other communications we provide to you electronically, via

email and on the Site, satisfy any legal requirement that such communication be in writing. YOU

HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,

ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,

POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US

OR VIA THE SITE. You hereby waive any rights or requirements under any statutes,

regulations, rules, ordinances, or other laws in any jurisdiction which require an original

signature or delivery or retention of non-electronic records, or to payments or the granting of

credits by any means other than electronic means.

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to

the Site constitute the entire agreement and understanding between you and us. Our failure to

exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of

such right or provision. These Terms of Use operate to the fullest extent permissible by law. We

may assign any or all of our rights and obligations to others at any time. We shall not be

responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond

our reasonable control. If any provision or part of a provision of these Terms of Use is

determined to be unlawful, void, or unenforceable, that provision or part of the provision is

deemed severable from these Terms of Use and does not affect the validity and enforceability of

any remaining provisions. There is no joint venture, partnership, employment or agency

relationship created between you and us as a result of these Terms of Use or use of the Site. You

agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these

Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

In order to resolve a complaint regarding the Site or to receive further information regarding use

of the Site, please contact us at: VietnamJerry.com