Terms Of Service
This web page represents a legal document that serves as our Terms of
Service and it governs the legal terms of our website,
https://smser.net, sub-domains, and any associated web-based and
mobile applications (collectively, "Website"), as owned and operated by
Smser.
Capitalized terms, unless otherwise defined, have the meaning specified
within the Definitions section below. This Terms of Service, along with
our Privacy Policy, any mobile license agreement, and other posted
guidelines within our Website, collectively "Legal Terms", constitute
the entire and only agreement between you and Smser, and supersede
all other agreements, representations, warranties and understandings
with respect to our Website and the subject matter contained herein. We
may amend our Legal Terms at any time without specific notice to you.
The latest copies of our Legal Terms will be posted on our Website, and
you should review all Legal Terms prior to using our Website. After any
revisions to our Legal Terms are posted, you agree to be bound to any
such changes to them. Therefore, it is important for you to periodically
review our Legal Terms to make sure you still agree to them.
By accessing this website, you are agreeing to be bound by these Website
Terms and Conditions of Use, all applicable laws and regulations, and
agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited
from using or accessing this site. The materials contained in this
Website are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted on January 13, 2020.
Definitions
The terms "us" or "we" or "our" refers to Smser, the owner of the
Website.
A "Visitor" is someone who merely browses our Website, but has not
registered as Member.
A "Member" is an individual that has registered with us to use our
Service.
Our "Service" represents the collective functionality and features as
offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a
Member.
All text, information, graphics, audio, video, and data offered through
our Website are collectively known as our "Content".
Use License
-
Permission is granted to temporarily download one copy of the
materials (information or software) on Smser’s Website for
personal, non-commercial transitory viewing only. This is the grant
of a license, not a transfer of title, and under this license you
may not:- modify or copy the materials;
- use the materials for any commercial purpose, or for any public
display (commercial or non-commercial); - attempt to decompile or reverse engineer any software contained
on Smser’s website; - remove any copyright or other proprietary notations from the
materials; or - transfer the materials to another person or “mirror” the
materials on any other server.
-
This license shall automatically terminate if you violate any of
these restrictions and may be terminated by Smser at any time.
Upon terminating your viewing of these materials or upon the
termination of this license, you must destroy any downloaded
materials in your possession whether in electronic or printed
format.
Restricted Uses
Listing of offered products on the Website could be used only for
lawful purposes by Users of the Website. You could not frame or utilize
framing techniques to enclose any hallmark, logo, copyrighted image, or
most proprietary details (consisting of images, text, page layout, or
type) of Smser without express composed consent. You might not use
any meta tags or any various other "unseen text" utilizing Smser's
name or trademarks without the express written consent of Smser. You
agree not to offer or modify any content found on the Website consisting
of, however not limited to, names of Users and Content, or to recreate,
display, openly perform, distribute, or otherwise make use of the
Material, in any way for any public function, in connection with
services or products that are not those of Smser, in other way that
is likely to trigger confusion among consumers, that disparages or
challenges Smser or its licensors, that dilutes the strength of
Smser's or its licensor's residential property, or that otherwise
infringes Smser's or its licensor's copyright rights. You also agree
to abstain from abusing any of the material that appears on the Site.
The use of the Material on any other website or in a networked computer
system environment for any purpose is prohibited. Any code that Smser
develops to generate or show any Material of the pages making up the
Website is likewise secured by Smser's copyright, and you may not
copy or adjust such code.
Smser has no duty to keep track of any products published,
transferred, or connected to or with the Site. If you think that
something on the Website breaches these Terms please contact our marked
representative as set forth below.
If alerted by a User of any products which allegedly do not conform to
these Terms, Smser could in its single discernment explore the
allegation and figure out whether to take other actions or ask for the
removal or get rid of the Content. Smser has no liability or duty to
Individuals for efficiency or nonperformance of such activities.
Electronic Communication
You are connecting with us electronically when you go to the Website or
send out emails to us. You consent to get interactions from us online.
We will connect with you by email or by uploading notifications on the
Site.
Your Account
If you utilize the Website, you are accountable for maintaining the
confidentiality of your account and password and you accept
responsibility for all activities that happen under your account and
password. You also accept not to reveal any personally identifiable
information, consisting of, however not limited to, first and last
names, credentials, or various other details of a personal nature
("Personal Data") from the Site. Your disclosure of any Personal Data on
the website might result in the immediate termination of your account.
Smser additionally reserves the right to refuse service, terminate
accounts, and remove or edit Content at its sole discernment.
Smser does not guarantee the truthfulness, precision, or
dependability of Content on the site, consisting of Personal Data. Each
Individual is accountable for upgrading and changing any pertinent
account info when essential to preserve the truthfulness, precision, or
reliability of the details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a
product and services purchased by means of the Website, so long as the
Material is not unlawful, profane, threatening, defamatory, an invasive
of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not include
industrial solicitation, mass mailings, or any type of "spam." You may
not use another User's account to impersonate a User or entity, or
otherwise deceive as to the origin of the opinions. Smser reserves
the right (however is not bound) to eliminate or modify such Material,
but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless Smser suggests
otherwise, you grant Smser a nonexclusive, royalty-free, permanent,
irrevocable, and completely sublicensable right to utilize, recreate,
modify, adjust, release, equate, create derivative works from,
distribute, and screen such content throughout the world, in any media.
You grant Smser and sublicenses the right to utilize your name in
connection with such Material, if they choose. You represent and require
that You own or otherwise control all the rights to the content that You
post; that the content is accurate; that use of the content You supply
does not violate this policy and will not trigger injury to anyone or
entity; which You will indemnify Smser for all claims resulting from
Content You supply. Smser has the right but not the commitment to
edit and keep track of or eliminate any task or Material. Smser takes
no duty and assumes no liability for any content published by You or any
3rd party.
Legal Compliance
You agree to comply with all applicable domestic and international laws,
statutes, ordinances, and regulations regarding your use of our Website.
Smser reserves the right to investigate complaints or reported
violations of our Legal Terms and to take any action we deem
appropriate, including but not limited to canceling your Member account,
reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials, IP addresses
and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those
of our affiliates or other companies, in the form of words, graphics,
and logos. Your use of our Website does not constitute any right or
license for you to use such service marks/trademarks, without the prior
written permission of the corresponding service mark/trademark owner.
Our Website is also protected under international copyright laws. The
copying, redistribution, use or publication by you of any portion of our
Website is strictly prohibited. Your use of our Website does not grant
you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on Smser’s Website could include technical,
typographical, or photographic errors. Smser does not warrant that
any of the materials on its Website are accurate, complete, or current.
Smser may make changes to the materials contained on its Website at
any time without notice. Smser does not, however, make any commitment
to update the materials.
**Disclaimer
**The materials on Smser's Website are provided "as is"
Smser makes no warranties, expressed or implied, and hereby
disclaims and negates all other warranties, including without
limitation, implied warranties or conditions of merchantability, fitness
for a particular purpose, or non-infringement of intellectual property
or other violation of rights. Furthermore, Smser does not warrant
or make any representations concerning the accuracy, likely results, or
reliability of the use of the materials on its Internet Website or
otherwise relating to such materials or on any sites linked to this
site.
The Website serves as a venue for Individuals to purchase distinct
service or products. Neither Smser nor the Website has control over
the quality or fitness for a particular function of a product. Smser
likewise has no control over the accuracy, reliability, completeness, or
timeliness of the User-submitted details and makes no representations or
warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Smser ON AN "AS IS" AND
"AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Smser
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
ABOUT THE OPERATION OF THIS WEBSITE OR THE INFO, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Smser DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A
PARTICULAR PURPOSE. Smser DOES NOT WARRANT THAT THIS WEBSITE;
DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION)
OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THE SITE; ITS SERVERS; OR EMAIL SENT FROM Smser ARE WITHOUT VIRUSES
OR OTHER HARMFUL ELEMENTS. Smser WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR
SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING.
UNDER NO SCENARIO SHALL Smser'S LIABILITY DEVELOPING FROM OR IN
CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE
REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE
WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are
provided solely as a convenience to you. By linking to these websites,
we do not create or have an affiliation with, or sponsor such third
party websites. The inclusion of links within our Website does not
constitute any endorsement, guarantee, warranty, or recommendation of
such third party websites. Smser has no control over the legal
documents and privacy practices of third party websites; as such, you
access any such third party websites at your own risk.
Site Terms of Service Modifications
Smser may revise these Terms of Service for its Website at any time
without notice. By using this Website you are agreeing to be bound by
the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to Smser’s Website shall be governed by the laws
of Viet Nam without regard to its conflict of law provisions, and You
consent to exclusive jurisdiction and venue in such courts.
**Indemnity
**You accept defend, indemnify, and hold safe Smser, its affiliates,
and their corresponding officers, directors, agents and workers, from
and against any claims, actions or demands, including without limitation
affordable legal, accounting, and other provider charges, affirming or
resulting from (i) any Content of most material You offer to the Site,
(ii) Your use of any Content, or (iii) Your breach of the terms of these
Terms. Smser will provide notice to You promptly of any such claim,
match, or case.
General Terms
Our Legal Terms shall be treated as though it were executed and
performed in Viet Nam and shall be governed by and construed in
accordance with the laws of Viet Nam without regard to conflict of law
principles. In addition, you agree to submit to the personal
jurisdiction and venue of such courts. Any cause of action by you with
respect to our Website, must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. Should any part
of our Legal Terms be held invalid or unenforceable, that portion shall
be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that any Content in
our Website conflicts or is inconsistent with our Legal Terms, our Legal
Terms shall take precedence. Our failure to enforce any provision of our
Legal Terms shall not be deemed a waiver of such provision nor of the
right to enforce such provision. The rights of Smser under our Legal
Terms shall survive the termination of our Legal Terms.