Term Of Use

Acceptance of Terms.

1. By (i) using this Web site or any other web sites of PHUNG LE UYEN, its affiliates and agents (“PHUNG LE UYEN”) with links to these Terms of Use (the “General Terms”) (the “Site”) in any way, including using, transmitting, downloading or uploading any of the services or functionality (“Services”) or Materials made available or enabled via the Site by PHUNG LE UYEN or users of the Site (“Users”), or (ii) merely browsing the Site, you agree to these General Terms and the PHUNG LE UYEN Privacy Policy, which is incorporated herein by reference. “Materials” includes any (x) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (y) products, and (z) PHUNG LE UYEN software code and associated documentation (“Software”), in each case made available or enabled by PHUNG LE UYEN or users of the Site.

2. You may not use the Services, or accept the General Terms, if (i) you are not of legal age to form a binding contract with PHUNG LE UYEN, or (ii) you are prohibited by law from receiving or using the Services.

3. PHUNG LE UYEN makes certain Services and Materials available only if you have paid a fee or if you have created an PHUNG LE UYEN ID and password or other log-in ID and password (“Log-In Information”). Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms are referred to herein as the “Terms.”

4. PHUNG LE UYEN may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. When these changes are made, PHUNG LE UYEN will make a new copy of the General Terms available at the Site and any new Additional Terms will be made available to you from within or through the affected Service. PHUNG LE UYEN may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of the Site or any affected Service constitutes your acceptance of the changes. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Service, at the time of such use. Please regularly check the Site to view the then-current Terms.

5. Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.

Acceptance of Term for Mobile App

Apps made available through the App Store, PlayStore or other app market provider are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Payments and Renewal:

• Payment will be charged to iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

• Account will be charged for renewal within 24-hours prior to the end of the current period.

• You can manage or turn off auto-renew in your Account settings at any time after purchase

• No cancellation of the current subscription is allowed during the active period.

Use of Site, Services and Materials.

1. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site.

2. Unless expressly agreed to by PHUNG LE UYEN in writing elsewhere, PHUNG LE UYEN has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available (“Your Content”). PHUNG LE UYEN has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you don’t choose, the system may default to its most permissive setting. You agree that PHUNG LE UYEN retains the right to create reasonable limits on PHUNG LE UYEN’s use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by PHUNG LE UYEN in its sole discretion.

3. You agree that your Log-In Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Log-In Information confidential and you are solely responsible for all activity that occurs under your Log-In Information. If you become aware of any unauthorized use of your account or any other breach of security, you agree to notify PHUNG LE UYEN immediately. You may not use another’s Log-In Information.b PHUNG LE UYEN may require that you change your Log-In Information at any time for any reason.
   You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).

4. You agree not to access or attempt to access the Services by any means other than the interface provided by PHUNG LE UYEN.

Ownership

1. The Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, PHUNG LE UYEN and its suppliers do not grant any express or implied rights to use the Site, Services and Materials.

2. The trademarks, logos and service marks displayed on the Site (the “Marks”) are the property of PHUNG LE UYEN or third parties. You are not permitted to use the Marks without the prior consent of PHUNG LE UYEN or the third party that may own the Marks. PHUNG LE UYEN and the PHUNG LE UYEN logo are trademarks of PHUNG LE UYEN.

Use of Software.

1. Any Software that is made available via the Site is the property of PHUNG LE UYEN and its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. Some license terms are available for review at www.Alithemes.com/privacy and are incorporated herein by this reference. Other license terms may only be posted with the Software downloads or at the Site page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except for as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.

2. If no license agreement accompanies the Software, use of the Software will be governed by the Terms. PHUNG LE UYEN grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive license to use the Software for the sole purpose of enabling you to use the Services as provided by PHUNG LE UYEN, in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from PHUNG LE UYEN and PHUNG LE UYEN may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that PHUNG LE UYEN’s Intellectual Property Rights in the Software are protected. Unless PHUNG LE UYEN has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

3. The Software may automatically download and install updates from PHUNG LE UYEN from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit PHUNG LE UYEN to deliver these to you) as part of your use of the Services.

Use of PHUNG LE UYEN Materials, User Content and Shared Group Content.

1. Except as indicated to the contrary in any applicable Additional Terms, PHUNG LE UYEN hereby grants you a license to view, download and print Materials provided by PHUNG LE UYEN (“PHUNG LE UYEN Materials”) and any Materials provided by Users (“User Content”), except for Shared Group Content, subject to the following conditions:

2. You may access and use the PHUNG LE UYEN Materials and User Content solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;

3. You may not modify or alter the PHUNG LE UYEN Materials or User Content;

iii. You may not distribute or sell, rent, lease, license or otherwise make the PHUNG LE UYEN Materials or the User Content available to others; and

1. You may not remove any text, copyright or other proprietary notices contained in the PHUNG LE UYEN Materials or User Content.

2. Some Services involve collaboration and file-sharing services among a specific group (a “Group”) in conjunction with such collaboration and file-sharing (“Shared Group Content”). Members of a Group may use the Shared Group Content available to such Group in any manner that has been agreed upon by the User providing such Shared Group Content to the Group. It is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute within your Group. You agree that PHUNG LE UYEN has no liability of any kind should members of your Group modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use.

3. PHUNG LE UYEN reserves the right to revoke the authorization to view, download and print the PHUNG LE UYEN Materials and User Content at any time, and any such use shall be discontinued immediately upon notice from PHUNG LE UYEN.

4. Software is subject to the additional provisions governing Software set forth herein.

5. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by PHUNG LE UYEN. In addition, various sections of the Sites may showcase the work of creative professionals. Such Materials (whether PHUNG LE UYEN Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

User Conduct.

1. You agree that you, not PHUNG LE UYEN, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available on the Site or via the Services (“Make Available”), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.

2. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) from the owners of the Intellectual Property Rights, to use Your Content in keeping with your use in connection with the Site, the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content.

3. You acknowledge and agree that by accessing or using the Site, Services or Materials, you may be exposed to Materials from others that are offensive, indecent or otherwise objectionable.

4. You agree not to use, or to encourage or permit others to use, the Site or Services to:

5. Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child pornography, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

6. Stalk and/or harass another;

iii. Harm minors in any way;

1. Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;

2. Make Available any Material that infringes any Intellectual Property Right of any party;

3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

vii. Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;

viii. Use the Site, Services or Materials such that it will mislead a User into believing that they are interacting directly with PHUNG LE UYEN or any Service;

1. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);

2. Use any PHUNG LE UYEN domain name as a pseudonymous return email address;

3. 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, hardware or telecommunications equipment;

xii .Access or use the Site or Services in any manner that could damage, disable, overburden or impair any PHUNG LE UYEN server or the networks connected to any PHUNG LE UYEN server;

xiii. Interfere with or disrupt the Site or Services or violate any applicable Laws related to the access to or use of the Site or Services, violate any requirements, procedures, policies or regulations of networks connected to the Site or Services, or engage in any activity prohibited by the Terms;

xiv. Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;

• Disrupt, interfere with, or inhibit any other User from using and enjoying the Site, Services or Materials, or other affiliated or linked sites, services or Materials;

xvi. Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Site or Services;

xvii. Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by PHUNG LE UYEN;

xviii. Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Site, the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; and

xix. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Site, Services or Materials.

Investigations

1. PHUNG LE UYEN, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, PHUNG LE UYEN shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.

2. Although PHUNG LE UYEN does not generally monitor User activity occurring in connection with the Site, Services or Materials, if PHUNG LE UYEN becomes aware of any possible violations by you of any provision of the Terms, PHUNG LE UYEN reserves the right to investigate such violations, and PHUNG LE UYEN may, at its sole discretion, immediately terminate your license to use the Site, Services, or Materials or change, alter or remove Your Content, in whole or in part, without prior notice to you. If, as a result of such investigation, PHUNG LE UYEN believes that criminal activity has occurred, PHUNG LE UYEN reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, PHUNG LE UYEN is entitled to disclose any information or Materials, including Your Content, in PHUNG LE UYEN’s possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request, (ii) enforce the Terms, (iii) respond to any claims that Your Content violates the Terms or rights of third parties, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of PHUNG LE UYEN, its Users or the public, and law enforcement or other government officials, as PHUNG LE UYEN in its sole discretion believes to be necessary or appropriate.

Use of Your Content

1. PHUNG LE UYEN does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, and unless otherwise specifically agreed in any Additional Terms that might accompany individual services, you grant PHUNG LE UYEN a worldwide, royalty-free, nonexclusive, 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 Materials or works in any format or medium now known or later developed.

2. “Publicly accessible” areas of the Services are those areas of the PHUNG LE UYEN network of properties that are intended by PHUNG LE UYEN to be available to the general public. However, publicly accessible areas of the Services do not include Services intended for private communication or areas off the PHUNG LE UYEN 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 PHUNG LE UYEN.

Feedback

• By submitting ideas, suggestions, documents and/or proposals (“Feedback”) to PHUNG LE UYEN through its suggestion, feedback, forum or similar web pages, you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) PHUNG LE UYEN is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) PHUNG LE UYEN, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide, (iv) PHUNG LE UYEN may have something similar to the Feedback already under consideration or in development, (v) the Feedback automatically become PHUNG LE UYEN’s property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from PHUNG LE UYEN under any circumstances.

Right to Derive Revenue/Advertisements

• You agree that PHUNG LE UYEN may derive revenue and or other remuneration from the Services including from portions of the Services that include Your Content. For example, PHUNG LE UYEN may display PHUNG LE UYEN and/or third party paid advertisements and other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models by PHUNG LE UYEN on or in conjunction with the Services are subject to change without specific notice to you.

Links to Third Party Sites

• The Site, Services and Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by PHUNG LE UYEN to you as a convenience and the inclusion of the links does not imply any endorsement by PHUNG LE UYEN of any Linked Site. PHUNG LE UYEN has no control of the Linked Sites and you agree that PHUNG LE UYEN is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.

Modifications to Site, Services and Materials

• PHUNG LE UYEN may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services, or Materials, or any portion thereof, with or without notice. You agree that PHUNG LE UYEN shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Services, or Materials.

Termination

1. The Terms will continue to apply until terminated by either you or PHUNG LE UYEN as set forth below.

2. If you want to terminate your agreement with PHUNG LE UYEN, you may do so by (i) notifying PHUNG LE UYEN at any time and (ii) closing your accounts for all of the Services or Materials that you use, where PHUNG LE UYEN has made this option available to you.

3. PHUNG LE UYEN may at any time terminate its agreement with you if:

4. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms;

5. PHUNG LE UYEN is required to do so by Law (for example, where the provision of the Site, Services or Materials to you is, or becomes, unlawful);

iii. The provision of the Services to you by PHUNG LE UYEN is, in PHUNG LE UYEN’s opinion, no longer commercially viable;

1. PHUNG LE UYEN has elected to discontinue the Site, Services or Materials (or any part thereof); or

2. There has been an extended period of inactivity in your account.

3. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account includes: (i) removal of access to all offerings within the Services; (ii) deletion of your password and all related information, files and Materials associated with or inside your account (or any part thereof), including Your Content; and (iii) barring of further use of the Services.

4. You agree that all terminations for cause shall be made in PHUNG LE UYEN’s sole discretion and that PHUNG LE UYEN shall not be liable to you or any third party for any termination of your account, or access to the Site, Services and Materials, including Your Content.

5. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Site, Services and Materials. However, Sections 3, 13, 14, 16, 19, 20 and 21 will survive any termination or expiration of the Terms.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THA

1. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY MYRO “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MYRO MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iii) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS, OR (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYRO OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

2. MYRO SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MYRO ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OF THE SERVICES.

3. MYRO DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. MYRO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

4. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED MYRO SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF MYRO. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYRO WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MYRO ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

5. MYRO WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

International Users

1. This Site can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that PHUNG LE UYEN intends to announce such Services or Materials in your country.

2. This Site is controlled, operated and administered by PHUNG LE UYEN from its offices in the United States of America. PHUNG LE UYEN makes no representation that the Site, Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from jurisdictions where the Site, Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local Laws.

Limitation of Liability

1. IN NO EVENT SHALL MYRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF MYRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE MYRO’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MYRO OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.

2. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Notification of Copyright Infringement

• PHUNG LE UYEN will, in appropriate circumstances, terminate the accounts of Users who infringe the Intellectual Property Rights of others. PHUNG LE UYEN will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).

Export Control Laws

• You acknowledge and agree that products, services or technology provided by PHUNG LE UYEN are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer PHUNG LE UYEN products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Indemnity and Liability

1. You agree to indemnify and hold PHUNG LE UYEN and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the Site, Services or Materials, your connection to the Site, Services or Materials, the actions of any member of your Group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Site, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.

2. Resolution of Disputes.

3. All matters relating to your access to, or use of, the Site, Services or Materials shall be governed by the Laws of the State of Washington, without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against PHUNG LE UYEN must be resolved by a court located in Seattle, Washington, except as otherwise agreed by the parties, or as set forth in section (b) below. You agree to submit to the personal jurisdiction of the courts located in Seattle, Washington, for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

4. For any claim (excluding claims for injunctive or other equitable relief) for less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

5. All claims you bring against PHUNG LE UYEN must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, PHUNG LE UYEN may recover attorneys’ fees and costs up to U.S. $1,000, provided that PHUNG LE UYEN has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.

6. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Site, Services or Materials in violation of the Terms you agree that PHUNG LE UYEN shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

General

1. Any notice provided to PHUNG LE UYEN pursuant to the Terms should be sent to the our email: hforcestudio@gmail.com, Attention: General Counsel.
   It is the express wish of the parties that the Terms, any Additional Terms and all related documents have been drawn up in English.

2. PHUNG LE UYEN may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on the Site or within the Services, or other reasonable means now known or hereafter developed.

3. The Terms constitute the entire agreement between PHUNG LE UYEN and you with respect to your access to or use of the Site, Services and Materials and supersede any prior agreements between you and PHUNG LE UYEN on such subject matter.

4. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without PHUNG LE UYEN’s written consent.

5. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

6. Any failure by PHUNG LE UYEN to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

7. Please report any violations of the Terms to PHUNG LE UYEN.