USE OF THE SERVICES
As a condition of your use of the Services, you warrant that(i) all information supplied by via the Services to the Halovi Company is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. The Halovi Company do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the Halovi Company. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the Halovi Company. To request permission, please direct your request to:
HALOVI INFORMATION TECHNOLOGY JSC
35 Le loi, Da Nang, Vietnam
In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
If you are creating a Heritageway account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.”
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the Halovi Company provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the Halovi Company are in no way responsible or liable for any such third party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the Halovi Company may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
The Halovi Company may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the Halovi Company have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.
We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.
The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the Halovi Company or licensed to the Halovi Company by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:
(i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by the Halovi Company;
(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of the Services for any purpose without our express written permission;
(vi) "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Halovi Company in connection with the Services;
(viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
(ix) download any Content unless it’s expressly made available for download by the Halovi Company.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENSE GRANT
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by the Halovi Company or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release the Halovi Company and their licensees, successors and assigns, from any claims that you could otherwise assert against the Halovi Company by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items ("Interactive Areas"). If Heritageway provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. The Halovi Company do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that any entity that is one of the Halovi Company provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the Halovi Company do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, Heritageway does not edit or control users’ Content that appears on the websites. The Halovi Company nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the Halovi Company and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact Heritageway using the Help Center to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Heritageway’s published guidelines, as are in force at the time of submission and made available to you by Heritageway. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Halovi Company;
Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
Is unrelated to the topic of the Interactive Area(s) in which such Content is posted.
The Halovi Company take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are the Halovi Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Heritageway is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although the Heritageway has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Heritageway reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
When you post your Content to the Services, the license you grant the Halovi Company in Your Content shall be limited to a nonexclusive, royalty-free, transferable, sub licensable, and worldwide license to host, use, distribute, modify, run, reproduce, publicly display or perform, translate, and create derivative works of your Content for purposes of displaying such on the Services, as well as using your name and/or trademark in connection with that Content. Subject to Paragraph 6 below, the Restricted License applies to any of your Content (again, other than text-based reviews and associated bubble ratings) you or another on your behalf (e.g., a third party that contributes to or otherwise manages your account) make available on or in connection with the Services.
As to any individual item of your Content that is subject to the Restricted License, you can terminate the Halovi Company’ license rights hereunder to such by deleting such post from the Services. Correspondingly, you may terminate the Halovi Company’ license rights in all of your Content that is subject to the Restricted License by terminating your account (a description of how to do so is available here). Notwithstanding anything to the contrary, your Content (a) shall remain on the Services to the extent you shared it with others and they copied it or stored it prior to you deleting it or terminating your account, (b) may continue to be displayed upon the Services for a reasonable amount of time after you delete it or terminate your account as we seek to remove it, and/or (c) may be retained (but not publicly displayed) for technical, fraud moderation, regulatory or legal reasons in backup copy form for a period of time.
The Halovi Company will not use your Content in advertisements for the products and services of third parties to others without your separate consent (including sponsored Content), although you agree and understand that the Halovi Company may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others. In all instances in which your Content is displayed on the Services, we shall provide attribution by using the name and/or trademark that you submit in connection with your Content.
The Halovi Company will not give third parties the right to publish your Content beyond the Services. However, sharing your Content on the Services (save for our “Trips” feature, which can be made private) shall result in your Content being made "public" and we will enable a feature that allows other users to share (by way of embedding that public post or otherwise) such Content of yours (save, as noted, Trips you configure to be private) onto third-party services, and we will enable search engines to make that public Content of yours findable through their services.
Except as modified by paragraphs 1 through 6 of this section of this Agreement, your and our rights and obligations shall remain subject to the balance of the terms of this Agreement. The license you grant the Halovi Company as modified by these paragraphs 1-6 shall be referred to as a “Restricted License”.
For the sake of clarity, the Content you submit to the Services in connection with other Halovi Company services or programs is not subject to the Restricted License, but shall instead be governed by the terms and conditions associated with that specific Heritageway service or program.
International Travel. When you book international travel reservations with third-party suppliers or plan international trips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. The Halovi Company accept no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
You agree to defend and indemnify the Halovi Company and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of the Services, including the Halovi Company’ websites.
LINKS TO THIRD-PARTY SITES
The Services may contain hyperlinks to websites operated by parties other than the Halovi Company. Such hyperlinks are provided for your reference only. The Halovi Company do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The Halovi Company’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.
MODIFICATIONS TO THE SERVICES; TERMINATION
Heritageway may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.
The Halovi Company may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. The Halovi Company may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data or where Heritageway
We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Heritageway with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Heritageway with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The following sections shall survive any termination of this Agreement:
The terms and conditions of this Agreement are available in the language of the Heritageway websites and/or apps on which Services may be accessed.
The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.
Fictitious names of companies, products, people, characters, and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product, or event.
You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.
Any rights not expressly granted herein are reserved.
For answers to your questions or ways to contact us, visit our Help Center. Or, you can write to us at:
35 Le Loi, Hai Chau District
Da Nang, Vietnam
©2021 HALOVI JSC. All rights reserved.