- ACCEPTANCE OF TERMS
INFO.VN ("INFO.VN ") welcomes you. INFO.VN provides the INFO.VN Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the INFO.VN Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular INFO.VN owned or operated services, you and INFO.VN shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. INFO.VN may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF INFO.VN SERVICES
INFO.VN provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "INFO.VN Services"). You also understand and agree that the INFO.VN Services may include advertisements and that these advertisements are necessary for INFO.VN to provide the INFO.VN Services. You also understand and agree that the INFO.VN Services may include certain communications from INFO.VN , such as service announcements, administrative messages and the INFO.VN Newsletter, and that these communications are considered part of INFO.VN membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current INFO.VN Services, including the release of new INFO.VN properties, shall be subject to the TOS. You understand and agree that the INFO.VN Services is provided "AS-IS" and that INFO.VN 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 INFO.VN Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the INFO.VN Services.
You understand that the technical processing and transmission of the INFO.VN Services, 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.
Please be aware that INFO.VN has created certain areas on the INFO.VN Services that contain adult or mature content as allowed under applicable law. To the extent that such content is available, you must be at least 18 years of age to access and view such areas or such age as deemed required by your applicable legal jurisdiction.
INFO.VN Services is designed to help you find news information that resides on sites not owned or controlled by INFO.VN. INFO.VN owns and retains all intellectual property rights to the Service; but INFO.VN does not claim ownership rights to the full news stories, which are instead held by the sites to which the INFO.VN Services links. Furthermore, INFO.VN has not produced any of the content featured on INFO.VN and does not warrant the accuracy of any content featured on INFO.VN.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the INFO.VN Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the INFO.VN Services under the laws of the United States, Vietnam or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the INFO.VN Service's registration form (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 INFO.VN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, INFO.VN has the right to suspend or terminate your account and refuse any and all current or future use of the INFO.VN Services (or any portion thereof). INFO.VN 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 INFO.VN Services must create a INFO.VN Family Account. When you create a INFO.VN Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the INFO.VN Family Account. By adding a child to your INFO.VN Family Account, you also give your child permission to access many areas of the INFO.VN Services, including, email, message boards and instant messaging (among others). Please remember that the INFO.VN Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the INFO.VN Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the INFO.VN 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 INFO.VN 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. INFO.VN 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, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not INFO.VN , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the INFO.VN Services. INFO.VN does not control the Content posted via the INFO.VN Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the INFO.VN Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will INFO.VN be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 INFO.VN Services.
You agree to not use the INFO.VN Services to:
- 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;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a INFO.VN official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the INFO.VN Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- 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) that are designated for such purpose (please read our complete Spam Policy);
- 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 INFO.VN Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the INFO.VN Services or servers or networks connected to the INFO.VN Services, or disobey any requirements, procedures, policies or regulations of networks connected to the INFO.VN Services, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national Vietnamese law, including, but not limited to, regulations promulgated by the Vietnamese Government, The Ministry of Information and Communications, The Ministry of Public Security, The Ministry of Culture, Sport and Tourism, The Ministry of Science and Technology, The Vietnam Internet Network Information Center, any rules governing the use or distribution of content including, without limitation, the laws governing the use of the internet, telecommunications networks and any regulations having the force of law;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that INFO.VN may or may not pre-screen Content, but that INFO.VN and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the INFO.VN Services. Without limiting the foregoing, INFO.VN 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 INFO.VN or submitted to INFO.VN , including without limitation information in INFO.VN Message Boards and in all other parts of the INFO.VN Services.
You acknowledge, consent and agree that INFO.VN may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process of any applicable jurisdiction; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of INFO.VN , its users and the public.
You understand that the INFO.VN Services and software embodied within the INFO.VN Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by INFO.VN and/or content providers who provide content to the INFO.VN Services. You may not attempt to override or circumvent any of the usage rules embedded into the INFO.VN Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the INFO.VN Services, in whole or in part, is strictly prohibited.
7. INTERNATIONAL NATURE OF COMMUNICATIONS ON INFO.VN NETWORK
When you register with INFO.VN , you acknowledge that in using the INFO.VN Services to send electronic communications (including but not limited to email, search queries, sending messages to a INFO.VN Chat Service or INFO.VN Discussion Groups, uploading photos and files, and other Internet activities), you will be causing communications to be sent through INFO.VN 's computer networks, in certain locations in the United States and portions of which are located abroad. As a result, and also as a result of INFO.VN 's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the INFO.VN Services and transfer, posting and uploading of software, technology, and other technical data via the INFO.VN Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the INFO.VN Services to parties identified on such lists; (b) agree not to use the INFO.VN Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the INFO.VN Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE INFO.VN SERVICES
INFO.VN does not claim ownership of Content you submit or make available for inclusion on the INFO.VN Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the INFO.VN Services, you grant INFO.VN the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of INFO.VN Discussion Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the INFO.VN Services solely for the purposes of providing and promoting the specific INFO.VN Group 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 INFO.VN Services and will terminate at the time you remove or INFO.VN removes such Content from the INFO.VN Services.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the INFO.VN Services other than INFO.VN Discussion Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the INFO.VN Services solely for the purpose for 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 INFO.VN Services and will terminate at the time you remove or INFO.VN removes such Content from the INFO.VN Services.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the INFO.VN Services other than INFO.VN Discussion Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the INFO.VN Services are those areas of the INFO.VN network of properties that are intended by INFO.VN to be available to the general public. By way of example, publicly accessible areas of the INFO.VN Services would include INFO.VN Message Boards and portions of INFO.VN Discussion Groups that are open to both members and visitors. However, publicly accessible areas of the INFO.VN Services would not include portions of INFO.VN Discussion Groups that are limited to members, INFO.VN services intended for private communication such as INFO.VN Mail or INFO.VN Messenger, or areas off of the INFO.VN network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by INFO.VN .
10. CONTRIBUTIONS TO INFO.VN
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to INFO.VN through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) INFO.VN is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) INFO.VN shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) INFO.VN may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of INFO.VN without any obligation of INFO.VN to you; and (f) you are not entitled to any compensation or reimbursement of any kind from INFO.VN under any circumstances.
You agree to indemnify and hold INFO.VN and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, modify or otherwise make available through the INFO.VN Services, your use of the INFO.VN Services, your connection to the INFO.VN Services, your violation of the TOS, or your violation of any rights of another.
12. NO COMMERCIAL REUSE OF INFO.VN SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the INFO.VN Services (including Content, advertisements, Software and your INFO.VN ID).
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that INFO.VN may establish general practices and limits concerning use of the INFO.VN Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the INFO.VN Services, the maximum number of email messages that may be sent from or received by an account on the INFO.VN Services, the maximum size of any email message that may be sent from or received by an account on the INFO.VN Services, the maximum disk space that will be allotted on INFO.VN 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the INFO.VN Services in a given period of time. You agree that INFO.VN has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the INFO.VN Services. You acknowledge that INFO.VN reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that INFO.VN reserves the right to modify these general practices and limits from time to time.
INFO.VN Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your INFO.VN accounts located on INFO.VN servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on INFO.VN too. Your agreement to this TOS constitutes your consent to allow INFO.VN to store these communications on its servers.
14. MODIFICATIONS TO INFO.VN SERVICES
INFO.VN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the INFO.VN Services (or any part thereof) with or without notice. You agree that INFO.VN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the INFO.VN Services (or any part thereof).
You may terminate your INFO.VN account, any associated email address and access to the INFO.VN Services by submitting such termination request to INFO.VN .
You agree that INFO.VN may, without prior notice, immediately terminate, limit your access to or suspend your INFO.VN account, any associated email address, and access to the INFO.VN Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the INFO.VN Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the INFO.VN Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in INFO.VN 's sole discretion and that INFO.VN shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the INFO.VN Services.
Termination of your INFO.VN account includes any or all of the following: (a) removal of access to all or part of the offerings within the INFO.VN Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the INFO.VN Services.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the INFO.VN Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that INFO.VN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the INFO.VN Services.
The INFO.VN Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that INFO.VN 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 INFO.VN 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.
18. INFO.VN 'S PROPRIETARY RIGHTS
You acknowledge and agree that the INFO.VN Services and any necessary software used in connection with the INFO.VN Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the INFO.VN Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by INFO.VN or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the INFO.VN Services, such Content or the Software, in whole or in part.
INFO.VN grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the INFO.VN Services. You agree not to access the INFO.VN Services by any means other than through the interface that is provided by INFO.VN for use in accessing the INFO.VN Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE INFO.VN SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE INFO.VN SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFO.VN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- INFO.VN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE INFO.VN SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE INFO.VN SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFO.VN SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE INFO.VN SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INFO.VN SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INFO.VN OR THROUGH OR FROM THE INFO.VN SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE INFO.VN SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE INFO.VN SERVICE. IMMEDIATELY DISCONTINUE USE OF THE INFO.VN SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE INFO.VN SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFO.VN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 INFO.VN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE INFO.VN SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE INFO.VN SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE INFO.VN SERVICE.
21. 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 19 AND 20 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR INFO.VN SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the INFO.VN Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The INFO.VN Services is provided for informational purposes only, and no Content included in the INFO.VN Services is intended for trading or investing purposes. INFO.VN and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the INFO.VN Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
INFO.VN may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the INFO.VN Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the INFO.VN Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the INFO.VN Services in an authorized manner.
25. TRADEMARK INFORMATION
You agree that all of INFO.VN ’s trademarks, trade names, service marks and other INFO.VN logos and brand features, and product and service names are trademarks and the property of INFO.VN Jsc.. (the "INFO.VN Marks"). Without INFO.VN 's prior permission, you agree not to display or use in any manner the INFO.VN Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
INFO.VN respects the intellectual property of others, and we ask our users to do the same. INFO.VN may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 INFO.VN 's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- 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, 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.
INFO.VN 's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o INFO.VN Jsc..
9449 Balboa Avenue, Suite 114
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and INFO.VN and governs your use of the INFO.VN Services, superseding any prior version of this TOS between you and INFO.VN with respect to the INFO.VN Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other INFO.VN services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and INFO.VN each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and INFO.VN , shall be brought exclusively in the courts located in the county of San Diego, California or the U.S. District Court for the Southern District of California. You and INFO.VN agree to submit to the personal jurisdiction of the courts located within the county of San Diego, California or the Southern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of INFO.VN 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.
No Right of Survivorship and Non-Transferability. You agree that your INFO.VN account is non-transferable and any rights to your INFO.VN ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 INFO.VN Services 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.
Please report any violations of the TOS to our Customer Care group.
Last updated May 1, 2010
INFORMATION COLLECTION AND USE
INFO.VN collects personal information when you register with INFO.VN , when you use INFO.VN products or services, when you visit INFO.VN pages or the pages of certain INFO.VN partners, and when you enter promotions or sweepstakes. INFO.VN may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests. For some financial products and services we might also ask for your address, Social Security number, and information about your assets. When you register with INFO.VN and sign in to our services, you are not anonymous to us.
INFO.VN collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer.
INFO.VN automatically receives and records information from your computer and browser, including your IP address, INFO.VN cookie information, software and hardware attributes, and the page you request.
INFO.VN uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
When a child under age 13 attempts to register with INFO.VN , we ask the child to have a parent or guardian create a INFO.VN Family Account to obtain parental permission.
INFO.VN does not contact children under age 13 about special offers or for marketing purposes without a parent's permission.
INFO.VN does not ask a child under age 13 for more personal information, as a condition of participation, than is reasonably necessary to participate in a given activity or promotion.
INFORMATION SHARING AND DISCLOSURE
INFO.VN does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with INFO.VN under confidentiality agreements. These companies may use your personal information to help INFO.VN communicate with you about offers from INFO.VN and our marketing partners. However, these companies do not have any independent right to share this information.
- We have a parent's permission to share the information if the user is a child under age 13. Parents have the option of allowing INFO.VN to collect and use their child's information without consenting to INFO.VN sharing of this information with people and companies who may use this information for their own purposes.
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
INFO.VN displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area.
- INFO.VN does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
- INFO.VN advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
INFO.VN works with vendors, partners, advertisers, and other service providers in different industries and categories of business. For more information regarding providers of products or services that you've requested please read our detailed reference links.
INFO.VN may set and access INFO.VN cookies on your computer.
INFO.VN lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to INFO.VN 's cookies.
INFO.VN uses web beacons to access INFO.VN cookies inside and outside our network of web sites and in connection with INFO.VN products and services.
Your Ability to Edit and Delete Your Account Information and Preferences
You can edit your INFO.VN Account Information, including your marketing preferences, at any time.
New categories of marketing communications might be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.
We reserve the right to send you certain communications relating to the INFO.VN service, such as service announcements, administrative messages and the INFO.VN Newsletter, that are considered part of your INFO.VN account, without offering you the opportunity to opt out of receiving them.
You can delete your INFO.VN account by visiting our Account Deletion page. Please click here to read about information that might possibly remain in our archived records after your account has been deleted.
Parents can review, edit, and delete information relating to their child's INFO.VN account using tools offered by INFO.VN Family Accounts.
If a parent chooses not to allow us to further collect or use a child's information, parents enrolled in INFO.VN Family Accounts can delete their child's account by signing into that child's account and then visiting our Account Deletion page. Please click here to read about information that might possibly remain in our archived records after your account has been deleted.
CONFIDENTIALITY AND SECURITY
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
To learn more about security, including the security steps we have taken and security steps you can take, please read Security at INFO.VN .
INFO.VN may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your INFO.VN account or by placing a prominent notice on our site.
QUESTIONS AND SUGGESTIONS
If you have questions or suggestions, please complete a feedback form or you can contact us at:
9449 Balboa Avenue, Suite 114
San Diego, CA 92123.
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