Terms & Conditions

Please read these Terms and Conditions before using this website. By continuing to access or use this website, or any service on this website, you signify your acceptance of these Terms and Conditions. From time to time, we may modify these Terms and Conditions. Accordingly, please review these Terms and Conditions whenever accessing or using this website. Your use of the website, or any service on this website, after posting modifications to these Terms and Conditions of use, will constitute your acceptance of the Terms and Conditions, as modified. If you do not wish to accept the Terms and Conditions at any time, you may stop using the website.

1. USER CONSENT TO TERMS AND CONDITIONS.

You represent that you have read and agree to be bound by these Terms and Conditions of use ("Terms") for <unionsquare(.)com> You further agree:
(a) to comply with relevant laws regarding the transmission of any data obtained from the use of the website under the Terms, (b) not to use the site for illegal purposes, and (c) not to interfere or disrupt networks connected to the site. 

2. INTELLECTUAL PROPERTY.

This website, including but not limited to information, data, text, content, logos, photographs, images, video, audio, graphics and button icons (the "website"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws. The website is protected as a collective work or compilation, and all individual articles, columns, and other elements making up the website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the website.

3. RESTRICTIONS ON USE.

You may not use this website for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the website solely for your own personal, non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You acknowledge that this website has been developed, compiled, prepared, revised, selected and arranged by us through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets. You agree to protect our proprietary rights during and after the term of this agreement and to comply with all our reasonable written requests to protect our contractual, statutory and common law rights on the website. You agree to notify us in writing promptly upon becoming aware of any unauthorised access or use of the website by any party or of any claim that the website infringes upon any copyright, trademark or other contractual, statutory or common law rights. 

4. FURTHER RESTRICTIONS ON USE.

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the website, except that you may download material from the website and/or make one print copy for your own personal, non-commercial use, provided that you leave all trademarks and service marks intact and retain all copyright and other proprietary notices. We, however, reserve our right to withdraw permission for use at any time. The analysis and presentation included in the website may not be recirculated, redistributed or published by you without our prior written consent. Modification of the website's content would be a violation of our copyright and other proprietary rights. Additionally, you may not offer any part of the website for sale or transmit or distribute it over any other medium, including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without our prior written consent. The website and the information contained therein may not be used to construct a database of any kind. The content of this website may not be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). Nor may the service be stored (in its entirety or any part) in databases for access by you or any third party or to distribute any database services containing all or part of the website. You may not use the website in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of our trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with our consent, and you acknowledge that you have no ownership rights in or to any of these names and marks. You will not use the website or the information contained therein in unsolicited mailings or spam material. You will not use any of our trademarks, trade names or service marks in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the website. You agree to comply with any other applicable Terms and Conditions of use set forth on the website. 

5. LICENCE.

You acquire absolutely no rights or licenses in or to the website and materials within the website other than the limited right to utilise the website per the Terms. Should you choose to download content from the website, you must do so following the Terms. Such download is licensed to you ONLY for your own personal, non-commercial use under the Terms and does not transfer any other rights to you. 

6. RIGHTS RESERVED.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, trade names, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the website (the "Intellectual Property Rights") shall at all times be and remain our sole and exclusive property. All present and future rights in and title to the website (including the right to exploit the website and any portions of the website over any present or future technology) are reserved for our exclusive use. Except as expressly permitted by the Terms, you may not copy or make any use of the website or any portion thereof. Except as expressly permitted herein, you shall not use the Intellectual Property Rights or the website, or the names of any individual participant in, or contributor to, the website, or any variations or derivatives thereof, for any purpose, without our prior written consent. 

7. FEES AND PAYMENTS.

We reserve the right at any time to charge fees for access to portions of or the whole website. If at any time we require a fee for portions of the website or the website as a whole, we will require you to register and create an account. In no event will you be charged for access to portions of the website or to the website unless we obtain your prior agreement to pay such charges. You shall pay all fees incurred through your account at the rates in effect for the billing period in which such fees are incurred, including but not limited to charges for any products or services offered for sale through the website. All fees shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the website through your account and the purchase of any other products or services. 

8. REGISTRATION AND ACCOUNT CREATION.

As part of the registration and account creation process necessary to obtain access to portions of the website, you will select a subscriber identification ID and a password. You will provide us with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person's authorisation; or (iii) use a subscriber ID or password that we, in our sole discretion, deem offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify the webmaster of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including without limitation loss, theft, or unauthorised disclosure of your password or credit card information. You are solely responsible for all usage or activity on your account, including but not limited to use of the account by any third party authorised by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at our sole discretion, and we may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to the webmaster and requesting that your account is terminated. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges incurred up to the time the account is terminated. 

9. DISCLAIMER AND LIMITATION OF LIABILITY.

You agree that your use of the website is at your sole risk and acknowledge that the website and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items"), are provided "AS IS" and that we make no warranty of any kind, express or implied, as to the Items, including, but not limited to, quality, merchantability, noninfringement, title or fitness for a particular purpose or use. You agree that we are not responsible for your loss (if any) which may arise from reliance on any part of this website. We do not warrant that the website is compatible with your equipment or that the website is free of errors or viruses, worms or "Trojan horses" and are not liable for any damage you may suffer due to such destructive features. You agree that we shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence or otherwise arising in connection with the website and shall not be liable for any lost profits, losses, punitive, incidental, special or consequential damages or any claim against us by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the website caused by your computer equipment or arising from your use of the website on such equipment. The content of other websites, services, goods or advertisements that may be linked to the website is not maintained or controlled by us. We are therefore not liable in connection with any of them (including without limitation to liability arising out of any allegation that the content of any third-party site infringes any law or the rights of any person or entity) nor are we responsible for the availability, content or accuracy of other websites, services or goods that may be linked to or advertised on the website. We do not (a) make any warranty, express or implied, concerning the use of the links provided on, or to, the website, (b) guarantee the quality, accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the website or (c) make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the website. We also are not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website. You understand that we and/or third-party contributors to the website may choose at any time to inhibit or prohibit their content from being accessed under the Terms. 

10. FURTHER DISCLAIMER AND LIMITATION OF LIABILITY.

You acknowledge that (i) the website is provided for information purposes only and we do not guarantee the sequence, accuracy, comprehensiveness, completeness or timeliness of the website and (ii) the provision of certain parts of the website is subject to the Terms and Conditions of other agreements to which we are a party. Accordingly, anything to the contrary herein set forth notwithstanding, we, our officers and employees, general partners, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the website including, but not limited to, quotes and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the website; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of non-performance. 

11. LIMITATION OF LIABILITY.

Under no circumstances, including but not limited to negligence, shall we, our suppliers and third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if our authorised representative has been explicitly advised of the possibility of such damages, arising from use of or inability to use the website or any links or items on the website or any provision of the terms, such as, but not limited to, loss of revenue or anticipated profits or lost business. We limit or exclude all liability or incidental or consequential damages to the full extent permissible by applicable law. In no event shall our total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you (excluding your capital or non-recurring payments), if any, for accessing the website. 

12. REPRESENTATIONS AND WARRANTIES.

You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the website only as outlined in the Terms. 

13. INDEMNIFICATION.

You agree, at your own expense, to indemnify, defend and hold harmless ourselves and our officers, employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against us, our officers, employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against us, our officers, employees, representatives, suppliers and agents is based on or arises in connection with the content you submit, pass to or transmit through the website, your use of the website, your connection to the website, or any links on the website, your violation of the Terms, or your violation of a third party's rights. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. 

14. TERMINATION.

Either party may terminate the Terms with or without cause at any time and effective immediately. You may terminate the Terms by discontinuing use of the website and destroying all materials obtained from the website. These Terms will terminate immediately without notice from us if you, in our sole discretion, fail to comply with any provision of these Terms. Upon termination by you or upon notice of termination by us, you must destroy promptly all materials obtained from the website and any copies thereof. Sections two through thirteen (2-13) and fifteen through twenty (15-20) shall survive any termination of the Terms.

15. GOVERNING LAW.

hese Terms shall be governed and construed following the laws of Vietnam. You agree to submit to the exclusive jurisdiction of the courts in Vietnam with respect to any legal proceedings that may arise in connection with the website or from a dispute as to the interpretation or breach of the Terms. Use of this website is unauthorised in any jurisdiction that does not affect all provisions of these Terms, including without limitation this clause. 

16. ACCESS OUTSIDE OF VIETNAM.

We do not represent that materials on the website are appropriate or available for use in countries outside Vietnam. If you choose to access the website from outside Vietnam, you must comply with foreign and local laws. 

17. MISCELLANEOUS.

You accept that we have the right to change the content or technical specifications of any aspect of the website at any time at our sole discretion. You further accept that such changes may result in your being unable to access the website. 

18. HEADINGS.

The section titles in the Terms are used solely for convenience and have no legal or contractual significance.

19. SEVERABILITY.

If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.

20. ENTIRE AGREEMENT.

The Terms and any other Terms and Conditions of service on <unionsquare(.)com> and its successor constitute the entire agreement between you and us and govern your use of the website.

21. CONFIDENTIALITY.

For all communications you make to us regarding Union Square information, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications, and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. 

22. MISCOMMUNICATIONS / LOST TRANSACTIONS.

Union Square and any other providers of products or services related to the Sites are not responsible for communication malfunctions, failures, difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Union Square and any other providers of products or services related to the Sites are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Sites, or by any technical or human error that may occur in the processing of any information related to the Sites. Union Square and any other providers of products or services related to the Sites may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where the reservations contain or resulted from a mistake or error.