TERMS & CONDITIONS
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
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
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
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
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
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 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).
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
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
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
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
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
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
You and the Site agree that we may access, store, process, and use any information and personal
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
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
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
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
accepted the right) to enforce the terms and conditions in this mobile application license
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
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.
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
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,
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.
or to supply any corrections, updates, or releases in connection therewith.
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.
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
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,
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
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
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
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
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.
the Site constitute the entire agreement and understanding between you and us. Our failure to
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
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
any remaining provisions. There is no joint venture, partnership, employment or agency
You hereby waive any and all defences you may have based on the electronic form of these
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