SMCC.VN
Term of service
BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS AND THE COMPANY’S PRIVACY POLICY (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).
1. Accounts
1.1 Account Creation. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.
2. Access to the Service
2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service.
3. Fees And Expenses
3.1 Trial Period. Upon activation of an Account, you may use the Service free of charge for a period of thirty consecutive days (the “Trial Period”). Upon its conclusion, in order to continue to use the Account, then you will be required to complete a registration form (the “Registration”) and provide us additional information.
3.2 Fees. Using the Services after the Trial Period is subject to payment (the “Fees”). You are obligated to pay Company all applicable fees associated with your use of the Service as set forth in the list of options and prices available at http://smcc.vn/plan (the “Pricelist”). Fees are based on this Pricelist, which may be updated from time to time, unless a separate agreement between you and the Company is executed, in writing, and specifically supersedes these Terms.
3.3 Subscriptions. Features of the Service are provided on a monthly subscription basis, beginning on the payment of the initial Subscription Fee following the expiration of the Trial Period.
3.4 Payment. Fees can be paid via bank transfer, credit or debit card or an online payment system. The Account Administrator can use the “Account Settings Panel” in the Service to access information on how to pay. You will provide Company with valid and current credit card information, or with a valid purchase order or alternative document reasonably acceptable to Company
3.5 Failure to Pay. If you fail to pay any Subscription Fee prior to the beginning of a Billing Cycle, Company reserves the right to lock the Account, including, without limitation, any User Content, as defined below. Should you pay the Subscription Fee within 14 days after the locking of the Account, your access to the account will be restored. If you fail to pay the Subscription Fee within that 14 day period, the Company reserves the right to deactivate the Account.
3.6 Downtime. There may be temporary periods of downtime in the operating of the Site and breaks in the provision of the Services for technical reasons. We will make efforts to ensure that foreseeable breaks occur at night and are as short as possible. For any break in the service lasting in excess of 24 consecutive hours, the Account Owner may submit a complaint.
4. User Content
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of providing the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in any robots.txt file on the Service).
4.4 Feedback. If you provide Company with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
5. Disclaimers
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 8.
8. Copyright Policy.
Company respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent: (1) your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is: SMCC
Designated Agent: InfoRe Technologies
Address of Agent: orm.vn 29th Phan Van Truong street, Cau Giay District, HN 10000
Telephone: (+84) 24 66 51 89 83
PRIVACY POLICY
This privacy policy (“Policy”) describes how SMCC.vn collects, use and share personal information of consumer users of this website, www.smcc.vn and the services provided rendered by the Company thereon (together, the “Service”). This Policy also applies to any of our other websites or services that post this Policy. This Policy does not apply to websites or services that post different statements.
WHAT WE COLLECT
We get information about you in a range of ways.
Information You Give Us. We collect your name, email address, phone number, username, password, as well as other information you directly give us on our Service.
Information We Get From Others. We may get information about you from other sources. We may add this to information we get from the Service. This may include information provided to us by other users of the Service.
Information We Get From Public Sources. We may get information about you from public sources, posted on the internet. This information may be obtained using different algorithms, through social media APIs or other sources. This information may include your posts, check-in location or any other information.
Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our websites or using the Service, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our website, pages you viewed, how long you spent on a page, access times, and information about your use of and actions on our Service.
Cookies and Tracking Pixels. We may log information using “cookies” or “pixel tags.” Cookies are small data files stored on your hard drive by a website. Pixel tags are a single pixel, transparent GIF image that added to a web page. We may use session Cookies (which expire once you close your web browser), persistent Cookies (which stay on your computer until you delete them) and pixel tags to provide you with a more personal and interactive experience on our Service. This type of information is collected to make the Service more useful to you and to tailor the experience with us to meet your special interests and needs.
USE OF PERSONAL INFORMATION
We may use your personal information as follows:
- To operate, maintain, and improve our sites, products, and services.
- To process and deliver contest entries and rewards.
- To respond to comments and questions and provide customer service.
- To send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
- To communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
- To link or combine user information with other personal information.
- To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
- To provide and deliver products and services customers request.
SHARING OF PERSONAL INFORMATION
We may share personal information as follows:
- With your consent. For example, you may let us share personal information with others for their own uses. Those uses will be subject to their privacy policies.
- When we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- With our affiliated companies involved in the provision of the Service.
- For legal, protection, and safety purposes. For example, we may share information to comply with laws, respond to lawful requests and legal processes, protect the rights and property of the Company, our agents, customers, and others (this includes enforcing our agreements, policies, and terms of use) or in an emergency (this includes protecting the safety of our employees and agents, our customers, or any person).
- We may share information with those who need it to do work for us.
We may also share aggregated and/or anonymized data with others for their own uses.
We may share information, including personal information, that we get from public sources, as described above, with our users or other third parties for their own uses.
PAYMENT PROCESSORS
We use third party payment processors to process financial payments for certain services. When you make payments to us or obtain certain products or services, we may transfer certain information (including personally identifying information) to these payment processors for the sole purpose of facilitating the payment transaction, including but not limited to your Name, Address, and Credit Card Information.
INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.
SECURITY
We use secure socket layer technology (SSL), which is designed to encrypt the transmission of information shared between your browser and our site. Click on the padlock next to our url to view certificate details. If you do not see the padlock, there could be an issue with your browser or the secure socket layer technology.
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
INFORMATION OF CHILDREN
The Service is not intended for use by minors under the age of 18. If we learn that a child under the age of 13 has provided us with personal information without verifiable parental consent, we will promptly take reasonable and appropriate actions to remove such user and delete any personal information from our servers.
CONTACT INFORMATION. We welcome your comments or questions about this privacy policy. You may also contact us at our address: thanh@orm.vn
CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Last Updated date above.