Please read these Terms carefully before using this Website/Mobile Application. By using this Website/Mobile Application, you acknowledge that you have read, understood and agreed to be bound by the Terms contained on this legal webpage, which govern vinacircle.com ("Vinacircle ") relationship with you in relation to this Website, Mobile Application and Services.
In these Terms, references to "you", "your", "User(s)", "they" shall mean the end user (including its successors and permitted assigns) accessing the Website/Mobile Application, its contents and using the Services offered through the Website/Mobile Application, "we", "us" and "our" shall mean Vinacircle and "party", "parties" shall mean you and/or Vinacircle as the context may require.
Vinacircle may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted on our website and within the App. Your continued use of the Vinacircle Services constitutes your acceptance of such changes.
The Application/ Website and the Services (defined below) are offered only to users thirteen (13) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with or using the Website or the App, or by purchasing or using any of the Services, you represent and warrant to Vinacircle that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Application or website and for purchasing and using the Services, and you may only use them for lawful purposes.
License Grant and Restrictions on Use
Vinacircle grants you a revocable, non-exclusive, non-transferable, personal, non-sub licensable, limited and non-transferable right to download, install and use the Application on a single Mobile Device owned and controlled by you, and to access and use the Application on such Mobile Device strictly in accordance with the Terms and Conditions of this License, the usage rules and any service agreement associated with your Mobile Device.
Restrictions on Use
You shall use the Application/ website strictly in accordance with the Terms and Conditions and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application /website ; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Website /Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Website /Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Vinacircle or its affiliates, partners, suppliers or the licensors of the Application/ Website; (e) use the Website /Application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the Application/ Website for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by the Vinacircle; (g) use any proprietary information or interfaces of Vinacircle or other intellectual property of Vinacircle in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (h) be located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and you are not listed on any US Government list of prohibited or restricted parties.
In order to access some features of the Vinacircle Services, you will have to create a Vinacircle account ("Account"). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another Vinacircle account holder at any time or to disclose your password to any third party. You may never create an account using a false identity or information, on behalf of someone other than yourself or use another person's account without permission.
You agree to notify Vinacircle immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation and as applicable, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use and/or receive all or any part of the Site, the App and/or the Services, and/or Vinacircle’s termination of this Agreement. For security purposes, you shall immediately notify Vinacircle if you suspect a third party has gained access to or is using your User Account without authorization. For the avoidance of doubt, Vinacircle has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your User Account in order to facilitate the exercise and performance of Vinacircle’s rights and obligations under this Agreement, the operation of the Site and the App, and/or any other the rights, obligations and services related to the subject matter of this Agreement.
Vinacircle is a US based app platform created to promote Vietnamese culture, value as well as contemporary Vietnamese life and achievements.
Features of the Service
Eats and Drinks
You may deactivate your account at any time by visiting https://vinacircle.com/settings/privacy. You may request deletion of your personally identifiable information by contacting us at firstname.lastname@example.org .Once deactivated, your account, activities and place on leaderboards cannot be reinstated.
The copyright in all material contained on, in, or available through the Website/App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Vinacircle or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Vinacircle’s express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Website/App are owned by Vinacircle or its group companies or third party partners of Vinacircle. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Vinacircle or the relevant group company or the relevant third party partner of Vinacircle.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
ATTN: Copyright Agent
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). The Counter-Notice must include substantially the following:
Your physical or electronic signature
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address)
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
A statement that you will consent to local Federal District Court jurisdiction, or if overseas, to an appropriate judicial body
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
SMS Messages, Mobile Application Push and Email Notifications
Vinacircle may send reminders, alerts (further referred to as ‘notifications’), or critical service-related notifications via (“Mobile application”) push or email to its users, and you acknowledge and consent to the receipt of such messages. Vinacircle may use its carrier of choice for SMS message delivery. You certify that you are the account holder of the mobile phone number provided to Vinacircle or that you have the account holder’s express permission to use the specified phone to receive text messages about your account from Vinacircle. You acknowledge and agree that the reception of SMS messages, push and emails is not 100% guaranteed. You further acknowledge and agree that the reception of SMS messages, push and emails is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. Vinacircle shall have no responsibility or liability for the damages and costs incurred by your not receiving an SMS message, push or email on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider. Opting not to receive SMS or push notifications from Vinacircle will terminate your access and account. Opting out will bar you from receiving messages related to your Account maintenance and billing.
Third Party Content and Services
You acknowledge that the Website /Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties.
You acknowledge that Vinacircle does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Website/Application). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Vinacircle and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. Vinacircle hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
Third Party Terms of Service
You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party located using the Website/Application or website are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Vinacircle and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
You are solely responsible for all content you post, upload to, transmit, distribute, store, create or otherwise publish through the Services (“User Content”). The User Content you provide must comply with the rules set forth below. These rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers;
Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages;
User Content designed to deceive or trick the user of the Services;
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services; or
User Content that, in the sole judgment of Vinacircle, is objectionable.
Although Vinacircle does not control and has no obligation to screen, edit or monitor any of the User Content posted, stored or uploaded on (or otherwise made available via) the Services, Vinacircle reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, stored or uploaded on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the Services at your sole cost and expense. Vinacircle takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on (or otherwise made available via) the Services.
Except for any Feedback you provide with respect to the Services, you retain ownership of the User Content you post, store or upload on (or otherwise make available via) the Services. You hereby grant Vinacircle and our affiliates a non-exclusive, royalty-free, perpetual, and irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Services. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post, store or upload on (or otherwise make available via) the Services or you otherwise have the right to make available such User Content via the Services and grant the rights granted in these Terms; (ii) the User Content that you post, store or upload on (or otherwise make available via) the Services is accurate and not misleading; and (iii) Vinacircle’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services, and you agree that you will not and will not permit anyone using your account to do any of the following in connection with the Services:
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functionality of the Services in any manner or in any way inconsistent with any documentation provided to or made available to you by Vinacircle concerning the Services;
Flag content or report abuse for improper purposes or without good reason;
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by Vinacircle;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
Create an account or post, store or upload (or otherwise make available) any User Content if you are not over 13 years of age;
Use or attempt to use another user’s account without authorization from such user and Vinacircle;
Modify, adapt, hack or emulate the Services;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
Develop any third-party applications/website that interact with User Content or the Services without our prior consent;
Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third-parties; and
Infringe upon or violate the rights of Vinacircle, our users or any third-party.
If your account is disabled, you, or anyone acting under your discretion, is/are strictly prohibited from creating another account with Vinacircle.
Vinacircle takes no responsibility and assumes no liability for any user conduct, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Services. Your use of the Services is at your own risk. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Term and Termination
This License shall be effective until terminated.
Vinacircle may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by the Vinacircle. Upon the termination of this License, you shall cease all use of the Application and uninstall the Application. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device. You are responsible for terminating your account and this agreement and we are not responsible for your failure to properly terminate your service and this agreement nor for any credit card charges and fees you incur as a result of your failure to properly terminate your service and this agreement.
Disclaimers and Limitations of Liability.
This section limits the liability of the Company and its parents, subsidiaries, partners, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Vinacircle”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
1. The Services are Available “AS-IS”
YOU UNDERSTAND AND AGREE THAT USE OF THE COMPANY APPLICATIONS/WEBSITE AND SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIUMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE VINACIRCLE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE VINACIRCLE MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE VINACIRCLE OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
2. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINACIRCLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) YOUR ACCESS OR USE OF THIRD-PARTY SERVICES THAT SUPPORT THE SERVICE, SUCH AS PAYMENT PROCESSORS (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (IV) ANY CONTENT OBTAINED FROM THE SERVICES; OR (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VINACIRCLE ENTITIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO VINACIRCLE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT VINACIRCLE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You shall indemnify, defend and hold harmless Vinacircle and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application/Website or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
Vinacircle does not warrant that the Application will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent the damage to your Mobile Device, loss of the data located on your Mobile Device, and corruption of the software and files located on your Mobile Device. You acknowledge and agree that Vinacircle and its employees, directors, shareholders, affiliates, partners, suppliers or licensors and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
You acknowledge that you (not Vinacircle are responsible for addressing any third party claims relating to your use or possession of the Application, and agree to notify Vinacircle of any third party claims relating to the Application of which you become aware. Furthermore, you hereby release Vinacircle from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law. Such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.
Google Play services
Application may use Google Play Services in order to work properly. That includes Google Maps services, Google Analytics, Google Firebase, Google Admob, Google In-app Billing etc.
Apple services (iOS devices only)
iOS application may use Apple Services in order to work properly. That includes iCloud service, Apple In-App Purchase service.
Any dispute between you and Vinacircle will be governed by these Terms and the laws of the State of Texas and applicable USA law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Vinacircle. These Terms do no create or confer any third-party beneficiary rights.
Questions and Comments
Vinacircle welcomes comments, questions, concerns, or suggestions. Please send feedback to us by email at: email@example.com